Public Trustee FAQs

  

General FAQ

  • Email: foreclosures@denvergov.org
  • Phone: 311 inside Denver, or 720-865-8400
  • Address: 201 West Colfax Avenue, Department #101, Wellington Webb building. To the left of the marriage license counter, go all the way to the end of the hall to the Public Trustee counter.
  • Hours: 8 a.m. to 5 p.m., Monday through Friday
  • Holidays: consistent with the Denver municipal holidays.
The Public Trustee office does not employ a notary public. Customers needing a document notarized can get that service for free at the cashier's window on the second floor of the Wellington Webb office building, or usually at your local bank.
  • Electronic (or "wire") transfers are accepted (there is a $15 fee per transfer).
  • Credit cards are accepted for releases of deeds of trust and for intents to redeem.
  • Personal checks are accepted for small amounts, such as those for copies. 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 per page.

Foreclosure FAQ

No, all Public Trustee documents are public information.

No. The customer must come into the Public Trustee office in person to obtain a foreclosure mailing list and pay a $.25 per page photocopy fee.

  • 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 to turn to for assistance. Please see the resources on our Information for Homeowners page.

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 are advised to consult an attorney in this matter.

  • 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.
  • Intent to Cure forms may be obtained on the Public Trustee website, in person at the Public Trustee office or a local office supply store.
  • An Intent to Cure form must be filled out and signed and turned in to the Public Trustee. If it is signed in the presence of Public Trustee personnel, it need not be notarized. Otherwise, it must be notarized before it can be accepted by the Public Trustee.
  • Faxed Intent to Cure forms cannot be accepted.
  • There is no filing fee.

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.

For the exact steps that are put into motion after an Intent to Cure is filed, see our Information for Homeowners page, under "How Do I Save My House?"

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. 

Our personnel are prohibited from answering legal questions, making interpretations of the law, and giving legal advice. Should you find yourself in need of legal assistance, you may find it beneficial to engage your own private attorney. One possible resource is the Metropolitan Lawyer Referral Service, 303-831-8000. See also the Denver County Court Free Legal Clinics and Self Help Center and the Colorado Bar Association's website. For Tenant/Landlord issues specifically, a possible resource would be the Jeffco 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 Public Trustee auction is held weekly at 10 a.m. on Thursdays. It is not held Christmas week. It is conducted at 201 W. Colfax Avenue, in the main conference room in the Office of the Clerk and Recorder (Room 1.B.6).

  1. The first bid on any property is pre-submitted by the lender. Check the Public Trustee website on Tuesday after 2 p.m. to see all initial bids for that Thursday’s auction. The website also provides procedural information for auctions and bidding
  2. Bidders must bring separate certified funds for each property they plan to bid on in the amount of one dollar more than the lender’s minimum bid.
  3. Fill out a Bid Registration Form at the Public Trustee office and have it date and time stamped at the Public Trustee counter. The form must be time stamped no later than 9:45 a.m. the morning of auction.
  4. The bid registration form is then turned in at the Public Trustee counter and a ticket will be given to the bidder. Keep this ticket until the completion of the auction proceedings. Keep your check in your possession until you win the desired property.
  5. At the auction, bidding is increased in $500-minimum increments, starting with the third bid placed on each property. The first bidder must bid the lender’s bid plus one dollar; the second bidder must round up the total to a multiple of $100, which could mean anywhere from one dollar on up. For example: A property with a lender bid of $287,639.00 will require the first bidder to bid $287,640.00. In this case, the second bidder may bid as little as $287,700.00, or may bid much higher, as long as the total is a multiple of $100. The maximum increment is $2,500 or 20 percent of the current bid, whichever is less.
  6. Winning bidders have until 2 p.m. the afternoon of the auction to tender any additional certified funds required to satisfy the winning bids.
  7. Winning bidders receive a receipt for their funds, and a Certificate of Purchase is e-mailed to each winning bidder within ten business days.

Not every house will go to auction. Some properties will be continued (postponed) week to week due to 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 have the ability to research chain of title or whether a given property has liens against it. For information on whether or not a given property has liens on it, you may seek out the help of a title company, or you may search through the public records if you feel confident enough to do so (not all liens may be found this way).

The Public Trustee does not have keys to any of the properties that go to sale at the Public Trustee auction, and does not offer advice on entering the home. For information on when it is legal to enter a home purchased at auction through the Public Trustee, please consult a real estate attorney.

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

Deed Release FAQ

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

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