Skip navigation

General FAQ

 

  • Email: foreclosures@denvergov.org
  • Phone: 311 inside Denver, or 720-865-8400
  • Address: 201 West Colfax Avenue, Department 101
  • Hours: 8 a.m.-4:30 p.m., Monday through Friday

Free notarization is available at the cashier's window, 2nd floor of the Wellington Webb office building. Your bank may offer free notary services as well.

  • Electronic (or "wire") transfers
  • Visa, MasterCard or Discover is accepted for releases of deeds of trust.
  • Cash or personal checks are accepted for small amounts. These checks should be made out to Manager of Finance.
  • Redemption or cure payments must be paid in cash, electronic transfer or certified funds from a bank. Certified checks should be made out to Denver County Public Trustee.

The photocopy fee for Public Trustee documents is 25 cents per page.

Foreclosure FAQ

No, all Public Trustee documents are public information.

  • Use the Public Trustee's Online Foreclosure Database
  • Call 311 inside Denver, or 720-865-8400 and ask to be transferred to the Public Trustee office to ask the question.

Homeowners facing foreclosure are not without resources and assistance. Please see the Help is Available information.

Call 311 inside Denver, or 720-865-8400, and ask to be transferred to the Public Trustee office.

  • No. The Public Trustee does not have the authority to determine the legitimacy of any particular foreclosure filing, nor can it be an advocate for either side. The role of the Public Trustee is to administer the legal requirements of the filing and ensure that foreclosures are handled subject to all laws and rules.
  • Homeowners are advised to seek the assistance of an attorney or a housing assistance agency for help. See our Information for Homeowners page.

The purpose of the Rule 120 Hearing is for the lender to establish the legitimacy of a foreclosure filing. The homeowner will be notified of the hearing and may dispute the legitimacy of the foreclosure based upon mistaken identity, clerical error, actual payment or other reason. Homeowners should consult an attorney.

  • Use the Public Trustee's web-based Online Foreclosure Database, or
  • Call 311 inside Denver, or 720-865-8400, and asked to be transferred to the Public Trustee office.

Fill out the Intent to Cure form. The form is available at the Public Trustee office.

  • Sign the form. If it is signed in the presence of Public Trustee personnel, it need not be notarized. Otherwise, it must be notarized before the Public Trustee can accept it.
  • Intent to Cure forms cannot be faxed.
  • There is no filing fee.

1. Once a homeowner has filed an Intent to Cure, the Public Trustee will contact the lender’s attorney to obtain current cure figures.

2. The foreclosing lender's attorney is required to supply cure figures to the Public Trustee within ten business days but no later than seven days prior to the sale at auction.

3. The Public Trustee will then contact the homeowner with the cure figures. The homeowner will be contacted via telephone, mail and email, as listed on the Intent to Cure form submitted.

4. If the Public Trustee does not speak to the homeowner in person and must instead leave a voicemail, the contact will still be considered complete.

5. Once the homeowner has been given the cure payment figures, it is the responsibility of the homeowner to remit the correct payment to the Public Trustee by the deadline provided in order to stop the auction of the property.

All cure payments must be in the form of a wire transfer, certified check, cashier's check or teller's check. Checks are to be made payable to Denver County Public Trustee, and certified or issued by a state-chartered bank, savings and loan association, or credit union licensed to do business in the state of Colorado. (See the Forms page for wire transfer instructions.)

Homeowners must file at least 15 days before the current auction date of their property to be guaranteed timely receipt of payment figures. For an Intent to Cure filed after that date, the lender’s attorney is not legally obligated to provide cure payment figures. If an auction is postponed, the new date becomes the current sale date.

  • The Public Trustee will place your file on hold (this process stops the foreclosure from advancing).
  • The Public Trustee will immediately notify the foreclosing lender’s attorney of the cure.
  • The lender’s attorney is statutorily-required to process a withdrawal of the foreclosure filing.
  • The cure funds will not be released to the foreclosing lender’s attorney until a withdrawal of the file is received by the Public Trustee.
  • Once the withdrawal has been received and recorded, the Public Trustee will create a check to the lender for the cure amount, and the attorney will  pick it up and forward it to the lender.
  • This process takes approximately 14 business days.  

In the meantime, the office of the Public Trustee recommends that the borrower contact their lender directly to advise them that the property was cured. The borrower should:

  • Supply the lender with the date cured
  • Supply the lender with the amount of the cure
  • Upon cure, the Public Trustee supplies a receipt and date/time-stamped copy of the cure figures. Advise your lender that you can send them a copy if they would like it as proof of the cure.
  • Ask the lender to supply a new updated mortgage statement. The statement should include the due date, address where payment should be mailed and the amount of the next payment so routine loan payments can resume on your obligation without delay.

Call 311 inside Denver, or 720-865-8400, and ask to be transferred to the Public Trustee.

Once a foreclosure case has been filed with the Public Trustee, payments must go through the Public Trustee in order to close the case and keep the property from being auctioned. Because cure funds are not turned over to the lender until the lender withdraws the foreclosure, this is a protection for the homeowner.

During the course of a foreclosure action, the lender must request a District Court hearing to determine the legitimacy of the foreclosure. This hearing is called a "Rule 120" hearing.

Once the hearing is scheduled, a notice is sent out to the owner of the property in foreclosure, usually by the lender's attorney. You may choose to respond to the notice, by filing a written response with the Clerk of the Court at 1437 Bannock Street Denver, CO 80202.

If no response is filed, the motion is automatically approved and an "Order Authorizing Sale" is issued. The "Order Authorizing Sale" is a required document for the foreclosure to proceed to sale. If a response is filed, a court date will be scheduled for you to air your grievances before a judge. 

We are prohibited from answering legal questions, interpreting the law or giving legal advice. Please consider consulting an attorney. Potential resources may be found at the Denver County Court Self Help Center, the Colorado Bar Association's website or from our Help is Available flier. For Tenant/Landlord issues specifically, a possible resource is the Action Center.

  • Cures take place during a foreclosure action, avoiding sale of the property at auction. In a cure, a homeowner pays the loan up to current, curing the loan default and closing out a foreclosure case.
  • Redemptions take place after a property is sold in a foreclosure auction. In a redemption, the entire amount of a mortgage loan is paid off in full and closed out.

Foreclosure Auction FAQ

The Denver Public Trustee foreclosure auctions are held online Thursdays at 10 a.m. Register, make deposits and bid here

Bidders must register and deposit funds here to participate in the Denver Public Trustee auctions. The policies, regulations and deadlines are available on the link.

Not every house will go to auction. Some properties will be continued (postponed) week to week because of bankruptcy, a pending cure or other reason.

The amount of the lender's bid is determined by the lender and its attorney and may include late fees, unpaid interest, attorney fees, and Public Trustee fees. These factors can sometimes cause the amount of the bid to exceed the amount of the initial loan.

The Public Trustee does not research chain of title or whether a given property has liens against it. You may use a title company or search through the public records (not all liens may be found this way).

Please consult a real estate attorney to determine when it is legal to enter a home purchased at auction through the Public Trustee. The Public Trustee does not have the keys to any properties.

Lien holders are required to remit $50 for each Intent to Redeem, a copy of their lien and a list of expenses and receipts for those expenses.

Deed Release FAQ