Notice To An Owner in a Foreclosure

General Public Trustee Information Concerning Foreclosure


Notice to an Owner 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's office after the sale because you may have funds due to you. 

House Bill Number 48 known as “AN ACT” was approved by the Colorado General Assembly on March 5, 1894. The “ACT” established the office of the Public Trustee in each county of the State of Colorado which provides a system of checks and balances between the borrower and the lender. All Deeds of Trust given to secure indebtedness on real estate shall name the Public Trustee as trustee who acts as an intermediary between the borrower and lender. Unique among the fifty states in its public trustee/lender relationship, Colorado’s foreclosure statutes, as interpreted by the courts, have provided the lienor(s) a process to exercise its rights and remedies, while affording the borrower/owners of the property a fair opportunity to protect his interest in the property. Ample cure rights are afforded the owner of the property being foreclosed and redemption rights to junior lien holder(s) having a recorded interest in the property being foreclosed. To provide a foreclosing party certainty in its remedies - requirements and deadlines must be met by all parties or the owner’s and junior lienor’s rights will be extinguished.

Disclaimer: Foreclosure documents are public records and are recorded with the Clerk and Recorder. Even though you may have cured your default or the foreclosure action has otherwise been withdrawn, the records remain permanently available to the public for viewing.

Policy on Receipt of Electronic Documents

Pursuant to § 38-38-112, C.R.S. any document or record related to a foreclosure may be accepted by the public trustee in an electronic format or may be made available to the public by the public trustee in an electronic format. In addition, the public trustee will establish and uniformly apply policies determining whether and the extent to which the public trustee shall accept documents or records in electronic form. The public trustee shall not require the use of an electronic format.

Therefore, it is the policy of the Teller County Public Trustee to accept the following foreclosure documents in electronic format:

  • Notice of Election and Demand for Sale
  • Copy of original evidence of debt with certification
  • Copy of the original recorded deed of trust with certification
  • All mailing lists
  • Combined Notice of Rights to Cure and Notice of Public Trustee Sale
  • Written statement from the County Assessor for the purpose of determining whether a property is agricultural or non-agricultural
  • Notice of Intent to Cure
  • Cure Statement
  • Withdrawal of Notice of Election and Demand for Sale
  • Initial Bid and Amended Bid
  • Order Authorizing Sale
  • Notice of Intent to Redeem
  • Redemption Statement
  • Copies of recorded instruments evidencing junior liens
  • Statements of amounts due on junior liens
  • Written authorization from Certificate of Purchase Holder allowing a “short redemption”
  • Assignment of Certificate of Purchase
  • Assignment of Certificate of Redemption
  • Excess Funds Claim form

All documents requiring an original signature must contain that signature in the electronic version of the document.

Unless specifically requested by the foreclosing party, all other foreclosure related documents received will be stored in an electronic format. The Teller County Public Trustee shall not require the use of electronic documents for any reason.

This policy shall become effective July 1, 2007.

Teller County Public Trustee