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:
The Public Trustee Cannot:
If the borrower believes that a lender or servicer has violated the requirements for a single point of contact in section 38-38-103.1 or the prohibition on dual tracking in section 38-38-103.2, the borrower may file a complaint with the Colorado Attorney General, the Federal Consumer Financial Protection Bureau (CFPB), or both. The filing of a complaint will not stop the foreclosure process.
A number of resources are available to help homeowners facing foreclosure.
This flier lists foreclosure counseling resources in the Denver area.
Please note: The Denver Public Trustee cannot offer assistance or legal advice to homeowners or to lenders. We can explain how the process works.
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 that the total owed to the lender and to all other lien holders, please contact the Public Trustee after the sale because you may have excess funds due to you.
Video: Five Myths About Foreclosures (View below):
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
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 Forms page for wire transfer instructions.)
I Have Cured My Property. What Happens Now?
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:
In order to file a foreclosure with the Denver Public Trustee, you must submit the following documents:
The following additional documentation may also be necessary:
Attention law firms:
Attorneys who are submitting legal documents may send a "how to" request to email@example.com. One of the Public Trustee staff will respond. Please allow a minimum of 24 hours for a response.
If you would like to set up an account to file foreclosures electronically, please contact Tech Services at 1-425-712-8899 to obtain information on purchasing software compatible with the Public Trustee database to file electronically.
If you intend to file a new foreclosure via email, the following guidelines must be followed.
We strongly recommend that if you are filing foreclosures via email, you enable the "read receipt" feature on your email program. Due to the large volume of foreclosures that we process daily, you will not receive manual confirmation of receipt from the Denver Public Trustee.
If you are filing your foreclosure via email, you will be charged for postage and copies for each mailing. Accordingly, you do not need to send us envelopes.
All foreclosures filed via email will be set up within ten 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.
Redemptions take place only after a property has been sold at a foreclosure auction and is a mechanism primarily for junior lien holders.
Intent to Redeem forms must be:
Faxed Intent to Redeem forms cannot be accepted.
Homeowner associations redeeming a property must provide:
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.
In Colorado, the Public Trustee processes releases of Deeds of Trust upon payoff or re-finance of a property loan. Recording the release of the corresponding Deed of Trustee lien signifies that the lien is satisfied.
The Public Trustee's office highly recommends that all title companies, banks, and other lending institutions file their releases of deeds of trust electronically. For information on electronic filing of releases of deeds of trust with the Public Trustee, please contact either Simplifile or Corporation Service Company (formerly Ingeo).
Documents required for processing a release of deed of trust are:
Certified mail is recommended for documents submitted by U.S. mail.
All completed releases are recorded and become public documents searchable in Denver's recorded documents database.
Note: True "mortgages" are rare in Colorado which is a "deed of trust" state. If you have a document that has been recorded as a mortgage, the release of this document is completed through the Clerk and Recorder's Office. If you have a release of an actual mortgage, please contact the Recording Division in the Clerk and Recorder's office at 311 (or 720-865-8400 outside of Denver) to get the exact wording and requirements for properly recording the release.
The Denver Public Trustee accepts monthly payments into escrow accounts for real estate taxes on properties sold under installment land contracts.
To set up payments for an installment land contract, send an email to firstname.lastname@example.org, with "installment land contract" in the subject line. Please include your name and phone number.