Public Trustee and Foreclosures

Video: Get the Facts on Foreclosure

Absent a renegotiation of the loan between the lender and borrower, the borrower may stop the foreclosure process by "curing" the default. This means the borrower may bring the loan up to date by paying the outstanding loan default.

The lender provides the cure amount, which may include past payment amounts due and owing, late fees, interest, attorney fees, Denver Public Trustee fees, and any other fees and charges associated with processing the foreclosure.

Filing an Intent to Cure

• Intent to Cure(PDF, 91KB) forms may be obtained on the Forms and Fees page, in person at the Public Trustee office, or at a local office supply store.
• An Intent to Cure form must be filled out, 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.

Cure Deadline

Homeowners must file at least 15 days before the current auction date of their property in order 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.

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 Fees and Forms page for wire transfer instructions(PDF, 123KB).)

I Have Cured My Property. What Happens Now?

• 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 the obligation without delay.

Filing a Foreclosure

In order to file a foreclosure with the Denver Public Trustee, you must submit the following documents:

• Notice of Election and Demand
• Evidence of Debt
  • The original evidence of debt, or
  • A corporate surety bond in the amount of one and one-half times the face value of the original evidence of debt, or
  • A copy of the evidence of debt along with a certificate of qualified holder

• Deed of Trust
  • The original deed of trust, or
  • A certified copy of the deed of trust (obtainable at the Denver Clerk and Recorder's Recording counter), or
  • A copy of the recorded deed of trust along with a certificate of qualified holder
• An initial mailing list
• A statement of current owner

You may also need to file the following documents, depending on the specific circumstances of the foreclosure file:

• Affidavit affecting the deed of trust (such as a scrivener’s error affidavit)
• Statement of Loan Servicer (if there is one)
• Any partial releases of deed of trust  or other modifications of the deed of trust that may exist
• Certificate of Qualified Holder, if filing without the original Note or a corporate surety bond, or without the original or a certified copy of the Deed of Trust
• Legal description of the property

You may also want to file the following documents to aid in the foreclosure setup process:

• Self-addressed, stamped envelopes for the quick and accurate return of your foreclosure documents
• Cover letter with instructions to the Public Trustee including contact information for your firm.

Attention law firms: Attorneys who are submitting legal documents may send a "how to" request to foreclosures@denvergov.org. One of the Public Trustee staff will respond. Please allow a minimum of 24 hours for a response.

E-File

If you would like to set up an account to file foreclosures electronically, please contact the Public Trustee at 720-865-8400 or by email at foreclosures@denvergov.org.

Email

If you intend to file a new foreclosure via email, the following guidelines must be followed:

• Email new foreclosures to foreclosures@denvergov.org
• Scan all documents as a TIF or PDF at a resolution of at least 200 DPI.
• If the legal description of the property is attached to the Notice of Election and Demand as an exhibit, it must be scanned as both a second page to the Notice of Election and Demand and as a stand-alone document.
• When filing a foreclosure, a deposit of $650 is required. This may be sent via US mail or by ACH. If you do not have an ACH account with us, contact Lisa Sandoval by email, or call her at 311 (720-865-8400 outside of Denver) and ask to be transferred to Lisa Sandoval.

We strongly recommend that if you are filing foreclosures via email, you enable the "read receipt" feature on your email program. Because of the large volume of foreclosures that we process daily, you will not receive manual confirmation of receipt from the Denver Public Trustee.

All foreclosures filed via email will be set up within 10 days of receipt. Please do not send a request multiple times as this will cause the same file to be set up multiple times. If you need additional information, please contact the Public Trustee by email or by phone (call 311, or 720-865-8400 outside of Denver and ask to be transferred).

Paper Filing

The third option for filing a new foreclosure is with paper documents. This can be done in person, by courier or via postal mail. If you are filing a foreclosure by sending paper documents, include a self-addressed, stamped envelope to receive these documents back from our office.

Your documents will be scanned into our database and the originals will be sent back to you. If you do not include a self-addressed, stamped envelope, your documents will still be sent back to you and you will be charged for postage and packaging.

Redemptions take place only after a property has been sold at a foreclosure auction and is primarily a mechanism for junior lien holders. Please bring the appropriate documentation and payment to our offices, Monday-Friday, 8 a.m. - 5 p.m. We are at 201 W. Colfax Ave., Dept. 101.

HOA Redemptions

Homeowner associations redeeming a property must provide:

• a completed Intent to Redeem Form(PDF, 118KB)
• certified copy of the Declaration of Covenants (required by state statute and may be returned to the association upon request after it has been recorded in the Public Trustee Office)
• $50 redemption fee - cash or check (certified check not necessary)
• A signed and notarized statement confirming that the amount claimed as the portion of the lien used to redeem does not include an amount equal to the first 6 months of dues that would have been due immediately prior to the acceleration of the loan

Turn in all of the above to the Public Trustee by the deadline.

All Other Redemptions

Intent to Redeem Form(PDF, 118KB)s must be:

• accompanied by the lien being used to redeem the property
• filled out and notarized
• accompanied by a $50 redemption fee - cash or check (certified check not necessary)

Turn in all of the above to the Public Trustee by the deadline.

Email: foreclosures@denvergov.org
Phone: 311 (720-913-1311 outside Denver) 
Address: 201 West Colfax Avenue, Department 101
Hours: 8 a.m. to 4:30 p.m., Monday through Friday

The Clerk and Recorder's Office does not offer notarization services to the public. Free notary services may be offered by your bank.

• See instructions for submitting electronic (or "wire") transfers(PDF, 123KB)
• 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 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.

Redemptions take place only after a property has been sold at a foreclosure auction and is primarily a mechanism for junior lien holders. Please bring the appropriate documentation and payment to our offices, Monday-Friday, 8 a.m. - 5 p.m. We are at 201 W. Colfax Ave., Dept. 101.

HOA Redemptions

Homeowner associations redeeming a property must provide:

• a completed Intent to Redeem form
• certified copy of the Declaration of Covenants (required by state statute and may be returned to the association upon request after it has been recorded in the Public Trustee Office)
• $50 redemption fee - cash or check (certified check not necessary)
• A signed and notarized statement confirming that the amount claimed as the portion of the lien used to redeem does not include an amount equal to the first 6 months of dues that would have been due immediately prior to the acceleration of the loan

Turn in all of the above to the Public Trustee by the deadline.

All Other Redemptions

Intent to Redeem forms must be:

• accompanied by the lien being used to redeem the property
• filled out and notarized
• accompanied by a $50 redemption fee - cash or check (certified check not necessary)

Turn in all of the above to the Public Trustee by the deadline.

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

Please see our Release of Deeds of Trust Information Tab.

To check the recording status of a Release of Deed of Trust, call 311 inside Denver, or 720-865-8400, and ask to be transferred to the Public Trustee.

Foreclosure fees and charges are outlined in the Colorado Revised Statutes. .

Foreclosure Deposit: 38-38-101(10) to be Applied to Fees and Costs

• For all foreclosure filings: $500 plus the amount of the fee permitted pursuant to § 38-37-104 (1)(b)(I)

Foreclosure Fees: 38-37-104(1)(b)

• Opening and administering a foreclosure: For foreclosure filings where the original principal amount or the outstanding balance (whichever is less) is equal to or less than $480,000: $150
• For foreclosure filings where the original principal amount or the outstanding balance (whichever is less) is more than $480,000: 1/32 of 1 percent
• (II) Accepting the filing of an Intent to Redeem (per notice): $50
• (III) Processing and executing a Certificate of Redemption*: *$30
• (IV) Executing a Confirmation Deed*: *$30
• (V) Processing a Withdrawal*: *$35
• (VI) Processing an Administrative Withdrawal*: *$50
• (VII) Recommencing sale when held in violation of Automatic Stay*: *$50
• (VIII) Recommencing sale after bankruptcy where publication was not completed*: *$75
• (IX) Performing actions caused by a Partial Release as described in 38-38-101(9): *$100
• (X) The sum of all amounts paid by the Public Trustee to third parties in connection with processing a foreclosure: various
• (XI) Processing a Rescission of Sale pursuant to 38-38-113: $100
• (XII) Rescheduling a sale after a Rescission of Sale pursuant to 38-38-113(4): $50

Additional Recording Costs

• Recording of $13 for the first page and $5 per additional page pursuant to §30-1-103 and §30-10-421

Wire Transfer Instructions for Cures and Redemptions(PDF, 130KB)

Forms of payment to the Public Trustee

• C.R.S. 38-37-108: All monies payable to a Public Trustee at any foreclosure sale under the provisions of this article or upon redemption or cure pursuant to article 38 of this title shall be in the form of cash, electronic transfer to an account of the public trustee available for such purpose, or a certified check, cashier’s check, teller’s check, draft denominated as an official check that is a teller’s check, or a cashier’s check as those terms are defined in and governed by the “Uniform Commercial Code,” Title 4, C.R.S., made payable to the Public Trustee and certified or issued by a state-charted bank, savings and loan association, or credit union licensed to do business in the state of Colorado or a federally chartered bank, savings bank, or credit union.

Special Notices

• C.R.S. 30-1-108: All officers of this state who are required to collect fees for their services are required to make fair tables of their respective fees and keep the same posted in their respective offices in some conspicuous place for the inspection of all persons who have business in said office; and, if any such officer neglects to keep a table of fees posted in his office, such officer, for each day of such neglect, shall forfeit and pay the sum of five dollars, to be recovered by action at law before the county court for the use of the county in which the offense has been committed.

• C.R.S. 30-1-116(1): Every officer shall collect every fee, as prescribed, for services performed by him in advance, if the same can be ascertained, and when any officer negligently or willfully fails to collect any such fee, the same shall be charged against his salary.
  
  © Colorado Public Trustees’ Association - Effective January 1, 2017

• Notice of Intent to Cure Default Form(PDF, 91KB)
• Notice of Intent to Redeem Form(PDF, 118KB)
• Certificate of Lienor(PDF, 134KB)
• Confirmation Deed Request Form(PDF, 106KB)
• Claim Form & Instructions(PDF, 137KB)

• Release request WITH Evidence of Debt Form(PDF, 70KB)
• Release request WITH Evidence of Debt Instructions(PDF, 137KB)
• Release request WITHOUT Evidence of Debt Form(PDF, 104KB)
  
• Release request WITHOUT Evidence of Debt Instructions(PDF, 12KB)

Mail completed forms to:

Attention:  Public Trustee Division

201 W. Colfax Ave., Dept. 101,

Denver, CO 80202

Note: Our office administers public trustee functions for properties located in the City and County of Denver. For properties in other counties, consult the Clerk and Recorder for the property's location.