Public Trustee

Disclaimer 
The Teller County Public Trustee database information is updated daily and is as current and accurate as is practical, but it is not official. You may use this data at your own risk. If you have any questions about this data please call the Public Trustee's Office at 719-689-2985

Important Information

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.

Mission of the Teller County Public Trustee

The Office of the Teller County Public Trustee is to serve the citizens of Teller County as defined in the Colorado Revised State Statutes. The functions of the Public Trustee are to facilitate foreclosure of Deeds of Trust and releases of Deeds of Trust within Teller County. We are committed to administer these processes in a professional manner adhering to the guidelines and timelines set by the Colorado Revised State Statutes.

The Office of the Teller County Public Trustee is committed to:

• Provide service and education regarding real estate Deeds of Trust and foreclosure proceedings
• To serve as a liaison between the lender and the homeowner during foreclosure proceedings
• To ensure that homeowners are aware of their rights established under Colorado law
• Process all release of Deeds of Trust in an accurate fashion while following the guidelines established by Colorado law

Office of the Public Trustee

Teller County Public Trustee

The power and duties of the Office of the Teller County Public Trustee and procedures for the operation of the office are defined in Title 38 of the Colorado Revised Statutes (C.R.S.).

The areas covered are:

• Foreclosures of Deeds of Trust
• Releases of Deeds of Trust
• Escrow Agent Accounts for Land Contracts

The Teller County Public Trustee Does Not:

• Give legal advice - Contact an Attorney
• Handle Tax Sales - Contact the County Treasurer
• Release private trustee mortgage transactions
• Handle Federal Auctions, such as HUD or VA
• Have information regarding liens on foreclosed property
• Have access to any foreclosed property

General Public Trustee Information

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