The role of the Denver Public Trustee is to record foreclosure documents and to administer the process in a legal and transparent manner.
|The Public Trustee Can
- Explain the foreclosure process to homeowners
- Provide a list of outside resources for homeowners
- Provide foreclosure cure information to homeowners
|The Public Trustee Cannot
- Provide legal advice to homeowners
- Administer debt mitigation agreements
- Administer appeals
If you are using assistive technology and are unable to access the content of the documents on this page, contact the Public Trustee department.
Help for Homeowners
A number of resources are available to help homeowners facing foreclosure.
This downloadable flier lists foreclosure counseling resources in the Denver area:
Help is Available flier(PDF, 155KB)
Ayuda está disponible(PDF, 148KB)
The City also provides assistance to homeowners facing foreclosure. For more information about these programs contact:
Office of Financial Empowerment
Neighborhood Equity and Stability
Denver Housing Authority
The Colorado State Emergency Mortgage Assistance Program (EMAP)
Please note: The Denver Public Trustee cannot offer assistance or legal advice to homeowners or to lenders. We can explain how the process works.
Colorado Foreclosure Hotline-
The Colorado Foreclosure Hotline offers free advice to homeowners to navigate the foreclosure process. Counselors may facilitate between homeowners and the mortgage lenders.
The hotline is the product of a consortium of private-sector and government organizations that have come together to address the foreclosure rate in Colorado and is operated by the nonprofit Brothers Redevelopment.
Notice to owners in foreclosure: If your property goes to foreclosure auction sale and is purchased for more than the total owed to the lender and to all other lien holders, please contact the Public Trustee after the sale as you may have excess funds due to you.
Video: Get the Facts on Foreclosure
How Can I Save My House?
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.
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.
I've Filed an Intent to Cure. What Happens Next?
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.
Information for Lenders
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 firstname.lastname@example.org. One of the Public Trustee staff will respond. Please allow a minimum of 24 hours for a response.
For Lenders: Three Methods of Filing Foreclosures
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 email@example.com.
If you intend to file a new foreclosure via email, the following guidelines must be followed:
- Email new foreclosures to firstname.lastname@example.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).
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.
For Lienholders: Redemption
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.
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.