Colorado · Public trustee state · C.R.S. § 38-38

Colorado’s public trustee sets the date. Fifteen days before it, file to cure.

A county public trustee, not a private one, sells the home 110 to 125 days after the lender starts. A short Rule 120 court order is required, you can cure what is past due if you file a notice of intent 15 days before the sale, and owners have no right to buy the home back afterwards.

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Three dates decide a Colorado case. The day the notice of election and demand is recorded, which sets the sale 110 to 125 days out. Fifteen days before the sale, the deadline to file a notice of intent to cure. And noon the day before the sale, when the cure money is due.

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Step one

Make the call.

Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.

What to say

“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.

What to have ready

Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.

Write everything down

Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.

Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.

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Never leave a notice in the mailbox. Every one of them has a date in it.

What Colorado gives you

Rights that exist because the property is in Colorado, whatever a servicer tells you on the phone.

Free, today, no catch

Where to get real help, free

A housing counselor shaking hands with a homeowner at a kitchen table
A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Colorado foreclosure attorney confirm anything that matters before you act.

Questions people ask about Colorado foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Colorado?

With no delays or disputes, a Colorado foreclosure runs roughly 254 days from the first missed payment to the public trustee sale. Once the lender records its notice of election and demand, the sale must be set 110 to 125 days later. C.R.S. 38-38-108.

How do I stop a Colorado foreclosure by catching up?

File a notice of intent to cure with the public trustee at least 15 calendar days before the sale, then pay everything past due plus allowed fees by 12 noon the day before the sale. C.R.S. 38-38-104.

Is there a redemption period after a Colorado foreclosure sale?

Not for owners. Only certain junior lienholders may redeem, within short windows measured in business days. Older sources may still describe an owner redemption period; under current law owners have none. C.R.S. 38-38-302.

What is a Rule 120 hearing in Colorado?

A court proceeding where the lender asks for an order authorizing the sale. The court decides whether there is a reasonable probability of a default, whether the lender is the real party in interest, and whether the Servicemembers Civil Relief Act applies. A response is due at least 7 days before the hearing.

What happens to money left over after a Colorado foreclosure sale?

The public trustee holds the overbid, pays redeeming junior lienholders first, then pays the rest to you. Agreements to pay someone a fee to recover your overbid are unenforceable. C.R.S. 38-38-111.

When can a Colorado HOA foreclose?

Only after it makes a good-faith effort to set up a payment plan of at least 18 months, the unpaid assessments equal at least six months of regular assessments excluding fines, and the board votes on the record. Since 1 October 2025 it must also give 30 days notice of intent, and once it sues the owner can ask the court to pause the sale for nine months so the home can be sold at market value. C.R.S. 38-33.3-316, 38-33.3-316.3 and HB25-1043.

Last verified: October 18, 2026. Every deadline and citation on this page was checked against Colorado law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.

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