Key Takeaways
- The sale is set 110 to 125 days out: the Public Trustee fixes the first sale date that far after the notice of election and demand records (C.R.S. 38-38-108(1)(a)).
- A county office runs it, not a judge: Colorado alone forecloses through a Public Trustee, and the county treasurer has held that office in second- and third-class counties since July 1, 2020 (C.R.S. 38-37-102(2)(a)).
- The cure window closes 15 days out: file a written notice of intent to cure, then pay the arrears by 12 noon the day before the sale (C.R.S. 38-38-104).
- The Rule 120 order is mandatory but narrow: no sale is valid without it (C.R.S. 38-38-105(1)(a)), and the hearing cannot reach past four issues (C.R.C.P. 120(d)(1)).
- Nothing to redeem afterward: only junior lienholders may redeem, within eight business days (C.R.S. 38-38-302(1)), and Colorado still allows a deficiency suit on the note (C.R.S. 13-80-103.5(1)(a)).
If you are trying to stop foreclosure in Colorado, one date controls everything. That is the sale date your county Public Trustee sets after the lender records a notice of election and demand. Colorado is the only state that forecloses through a Public Trustee, a standing county office rather than a trustee the lender picks.
The schedule is short and written into statute. The first sale date falls 110 to 125 calendar days after that notice records (C.R.S. 38-38-108(1)(a)). Inside that window you can cure, modify, refinance, file bankruptcy, or sell. Afterward, Colorado gives a homeowner nothing back.
Colorado's Public Trustee: An Office No Other State Has
Colorado is the only state that forecloses residential mortgages through a county Public Trustee, and that office conducts the sale. No lawsuit starts it, and no judge supervises it past one limited order.
Nearly every Colorado house loan is secured by a deed of trust naming the Public Trustee of the county where the property sits. On default, the holder files a notice of election and demand there. It comes with the original note, the recorded deed of trust, and a mailing list of everyone the foreclosure could affect (C.R.S. 38-38-101(1)).
Who holds the office varies by county. Since July 1, 2020, the county treasurer serves as Public Trustee in counties of the second and third class (C.R.S. 38-37-102(2)(a)), which ended gubernatorial appointment. Denver and Broomfield use the equivalent officer their charter or code provides (C.R.S. 38-37-101); in Denver that is the Clerk and Recorder's Public Trustee office.
The Colorado Public Trustee Foreclosure Timeline in 2026
The Colorado Public Trustee foreclosure timeline runs 110 to 125 calendar days from the recording of the notice of election and demand to the first scheduled sale date for non-agricultural property (C.R.S. 38-38-108(1)(a)). All-agricultural property runs 215 to 230 days.
Two things happen before that clock starts. The holder must first mail a pre-foreclosure notice, at least 30 days after the default and 30 days before filing (C.R.S. 38-38-102.5(2)). It has to give the Colorado Foreclosure Hotline number, a direct loss mitigation number, and notice that upfront foreclosure-consulting fees are illegal. Federal rules also bar a servicer's first filing until the loan is more than 120 days delinquent (12 CFR 1024.41(f)(1)).
Colorado volume has risen sharply. In the first half of 2026, 3,943 Colorado properties had a foreclosure filing, one in every 657 housing units (ATTOM, July 2026). That is up 56.72% year over year, the second-largest rise of any state. The national rate was one in every 632.
| Stage | Timing | Authority |
|---|---|---|
| Pre-foreclosure notice mailed | 30+ days after default, 30+ days before filing | C.R.S. 38-38-102.5(2) |
| Federal review period | No filing until 120+ days delinquent | 12 CFR 1024.41(f)(1) |
| Notice of election and demand filed | Recorded within 10 business days (C.R.S. 38-38-102) | C.R.S. 38-38-101(1) |
| Sale date set | 110 to 125 calendar days after recording | C.R.S. 38-38-108(1)(a) |
| Combined notice mailed | Within 20 days of recording, then 45 to 60 days before the sale | C.R.S. 38-38-103(1) |
| Rule 120 response deadline | Set by the clerk, 21 to 35 days after the motion | C.R.C.P. 120(a)(2) |
| Order authorizing sale delivered | 12 noon, second business day before the sale | C.R.S. 38-38-105(1)(a) |
| Notice of intent to cure filed | 15 calendar days before the sale | C.R.S. 38-38-104(1) |
| Cure funds paid to the officer | 12 noon the day before the sale | C.R.S. 38-38-104(2)(b) |
| Lienholder notice of intent to redeem | 8 business days after the sale | C.R.S. 38-38-302(1) |
| Owner redemption after the sale | None; lienholders only | C.R.S. 38-38-302 |
The combined notice carries your deadlines in writing. Under C.R.S. 38-38-103 it must state the last date to file a notice of intent to cure and the lienholder redemption deadline. It also says where to report single point of contact and dual tracking violations. Read your copy the day it arrives.
What Does the Rule 120 Hearing Actually Decide?
A Rule 120 hearing decides four narrow questions and nothing else. It is not a trial on your loan or your servicer.
The order is not optional. C.R.S. 38-38-105(1)(a) requires the holder to get an order authorizing sale and deliver it to the Public Trustee by 12 noon on the second business day before the sale. A sale held without one is invalid. The hearing must fall no later than the day before the cure deadline.
The mechanics changed in 2018. The clerk sets a response deadline 21 to 35 days after the motion is filed, and the lender serves notice at least 14 days earlier. A hearing happens only if you respond on a ground inside the rule. File nothing and the court enters the order on paper.
Under C.R.C.P. 120(d)(1), the scope of inquiry cannot extend beyond four items:
- a default authorizing exercise of the power of sale under the deed of trust
- the Servicemembers Civil Relief Act, 50 U.S.C. 3931
- whether the moving party is the real party in interest
- whether a pending loan modification request bars a sale as a matter of law
The standard is low: whether there is a reasonable probability that a default justifying the sale has occurred. Servicing errors and damages claims belong in a separate lawsuit. One detail is easy to miss. The order is neither appealable nor a final judgment, and granting it is without prejudice to your right to seek injunctive relief elsewhere (C.R.C.P. 120(d)(4)). The Colorado Judicial Branch foreclosure FAQ explains how to respond.
Can You Stop a Colorado Foreclosure by Catching Up?
Yes, in most cases, and the deadline is 15 calendar days before the sale. Colorado calls this curing the default. It reinstates the loan rather than paying it off.
C.R.S. 38-38-104(1) lets you cure by filing a written notice of intent to cure with the Public Trustee no later than 15 calendar days before the sale. The right is not limited to the owner. Heirs and personal representatives, anyone liable on the debt, sureties and guarantors, junior lienholders, lessees, and contract vendees may all file.
Filing the notice produces the number. The officer requests a cure statement, and the holder returns an itemized figure covering payments due, late charges, advanced insurance and taxes, attorney fees, and other permitted costs. You pay all sums due to the officer by 12 noon the day before the sale (C.R.S. 38-38-104(2)(b)).
Do not estimate the cure figure or wire it to the lender. File the notice with the Public Trustee, get the cure statement, and confirm the amount and cutoff with that office. County practice can peg the 15-day deadline to the first scheduled sale date, so a continuance may not reopen a missed window.
Sales can be pushed back, though not indefinitely. No sale may be continued later than 12 months from the original date (C.R.S. 38-38-109(1)(a)), and bankruptcy continuances run on top of that. A written withdrawal of the notice ends the foreclosure. One program is worth ruling out: Colorado's statutory foreclosure deferment, once at C.R.S. 38-38-801, was repealed effective September 1, 2015.
Six Ways to Stop Foreclosure in Colorado
Six paths actually stop a Colorado Public Trustee sale: curing the default, a modification, a forbearance, a refinance, a bankruptcy filing, or a sale that pays the loan off first. Which fits turns on the days left and on whether your income can carry the payment.
1. Cure the default
Paying the arrears plus costs under C.R.S. 38-38-104 ends the foreclosure outright. It fits a homeowner whose hardship has passed, not one whose payment is no longer affordable. Nothing stops a second notice after the next missed payment.
2. Loan modification
A modification changes the loan terms permanently, often by moving the arrears into the balance or stretching the term. Federal rules restrict how a servicer may proceed while a complete loss mitigation application is under review (12 CFR 1024.41). Underwriting takes 30 to 90 days, so apply immediately.
3. Forbearance
A forbearance pauses or reduces payments for three to six months and suits a short, documented hardship such as a medical leave. The paused amounts still come due, so one without a written catch-up plan only moves the problem.
4. Refinance
A refinance replaces the defaulted loan and stops the sale at funding. It works when you have equity and your credit has not yet absorbed the damage. It gets harder deeper into delinquency, because the recorded notice shows up on any title search.
5. Bankruptcy and the automatic stay
A bankruptcy petition triggers the federal automatic stay, which halts the sale, and C.R.S. 38-38-109(2) governs how the officer continues it once the filing is disclosed. The petition must be filed before the sale. A Chapter 13 plan can spread the arrears across three to five years, so work with a Colorado attorney.
6. Sell the house before the sale date
A sale that funds first pays the loan off and ends the foreclosure. It is the only option here that does not wait on a lender approving anything, and you keep whatever equity survives the payoff and closing costs. If the balance exceeds the value, it becomes a short sale needing written lender approval.
| Option | Typical speed | Keep the house? | What it takes |
|---|---|---|---|
| Cure the default | Immediate on payment | Yes | Cash for the arrears, filed 15 days out |
| Loan modification | 30 to 90 days | Yes | A loss mitigation package and servicer approval |
| Forbearance | 1 to 3 weeks | Yes, for now | Documented hardship and a repayment plan |
| Refinance | 30 to 45 days | Yes | Equity, income, and credit that underwrites |
| Chapter 13 bankruptcy | Stay applies at filing | Yes, if completed | A petition filed before the sale |
| Short sale | 45 to 90 days | No | Lender approval of a reduced payoff |
| Cash sale before the sale date | As few as 7 days | No | A buyer who funds without financing |
Is There a Redemption Period After the Sale?
Not for the homeowner. Colorado gives a post-sale redemption right only to junior lienholders, which makes the sale a hard deadline.
A junior lienholder must file a notice of intent to redeem within eight business days after the sale (C.R.S. 38-38-302(1)). The most senior junior may then redeem 15 to 19 business days out, and each lienholder below gets five more business days in recorded priority.
When nobody files, the clock ends fast. Title vests in the certificate of purchase holder at the close of the officer's business day eight business days after the sale (C.R.S. 38-38-501(1)). A confirmation deed records 10 to 15 business days later.
Surplus money does come back, in order. Under C.R.S. 38-38-111 it goes first to any deficiency stated in the holder's paperwork, then to lienholders who filed to redeem, with anything left to the borrower.
Possession is a separate step. Staying after the sale and a demand for possession is unlawful detention under C.R.S. 13-40-104(1)(f), so the buyer files a county court eviction rather than changing the locks.
Can the Lender Come After You for the Shortfall?
It can. Colorado has no broad anti-deficiency statute for residential foreclosures, so a lender left short may sue on the note for the difference.
The sale itself enters no judgment. It settles who takes title, and a deficiency has to be pursued in a separate civil action within the general six-year limitation for actions to recover a debt (C.R.S. 13-80-103.5(1)(a)).
Colorado does put a floor under what the lender must offer at the sale. C.R.S. 38-38-106(6) sets that floor at its good faith estimate of fair market value, less unpaid taxes, senior liens, and the estimated costs of holding, marketing, and selling. It never has to go above the total due to it.
When that amount covers the whole debt, nothing is left to chase. When it does not, a court weighing a deficiency claim can consider whether the estimate was sound, so have a Colorado-licensed attorney read the paperwork.
Selling Before the Public Trustee Sale
A sale stops a Colorado foreclosure only if the payoff funds before the Public Trustee sale, so the question is funding time. You own the house until title vests, and the loan is paid from the proceeds.
Does a listed sale fit inside 110 days?
Sometimes, and only if you start the week the notice records. Colorado houses sold at a median price of $557,992 in July 2026, up 1.5% year over year, after a median 49 days on the market (Redfin, July 2026). Add 30 to 45 days for a financed buyer's underwriting and appraisal, and a listed sale needs 80 to 95 days. That fits 110 days only if nothing slips, and most homeowners are already 30 or 40 days in.
Colorado values give you something to work with. The Zillow Home Value Index for Colorado stood at $537,600, down 4.1% year over year, with Denver at $533,060, down 2.7% (Zillow ZHVI, July 31, 2026). Colorado Springs sat near $445,000 (Zillow ZHVI, June 2026). The state charges no transfer tax, leaving a documentary fee of one cent per $100 of consideration (C.R.S. 39-13-102(1)).
Where a direct cash sale fits
A cash sale removes the two steps that eat the calendar, loan underwriting and appraisal, so it can close in as few as 7 days. Propcash is a direct cash homebuyer, founded in 2026 and based in Nashville, and buys houses itself rather than listing them. Sellers pay no fees or commissions, the house is bought as-is, and you pick the closing date. You can get a cash offer on your Colorado house in about two minutes, and the Propcash Promise is that the offer stands.
Honest framing matters here. If you have real equity, a clean 100 days, and a house that shows well, listing with a Colorado agent may net you more. If the sale date is six weeks out or the furnace failed, a direct sale is often the only path that finishes in time. Our Colorado cash home buyer page and the foreclosure situation page cover what happens next.
A mortgage foreclosure and a property tax sale run on separate schedules, and curing one does not touch the other. Delinquent Colorado taxes go to a county tax lien sale, with a three-year redemption period. See Colorado tax lien sales and the 3-year redemption clock and behind on HOA dues in Denver.
Where Colorado Homeowners Can Get Free Help
Free foreclosure help exists in Colorado, and none of it asks for money up front. The Colorado Foreclosure Hotline at 1-877-601-HOPE routes homeowners to HUD-approved counseling agencies at no cost, and the Colorado Division of Housing keeps the current legal-help list.
Several other doors are open. CHFA publishes prevention guidance, the CFPB counselor directory lists approved agencies, and Colorado Legal Services takes income-qualified cases. Report suspected rescue fraud to the Colorado Attorney General.
Treat an upfront fee to stop your foreclosure as a warning sign. Charging an advance fee for foreclosure consulting is illegal under C.R.S. 6-1-1107, and your lender's notice has to say so. Never deed your house to someone promising to cure the default and rent it back. A legitimate buyer pays the loan off at a recorded closing.
Colorado gives you a defined window and then closes it completely. Pull the recorded notice, write the sale date on a calendar, and work backward. Request the cure figure in writing, start any modification in the first two weeks, and schedule any sale to fund with days to spare. Propcash can often provide a cash offer within 24 hours, and will say so plainly if another path serves you better.
Frequently Asked Questions
How long does foreclosure take in Colorado?
A Colorado Public Trustee sale is set 110 to 125 calendar days after the notice of election and demand records (C.R.S. 38-38-108(1)(a)), so the formal clock runs about four months. Before that come the missed payments, the 30-day pre-foreclosure notice under C.R.S. 38-38-102.5, and the federal rule barring a servicer's first filing until the loan is more than 120 days delinquent. The sale commonly lands eight or more months after the first missed payment.
Can I stop a Colorado foreclosure by paying what I am behind?
Yes, in most cases. Under C.R.S. 38-38-104(1) you cure by filing a written notice of intent to cure with the Public Trustee, no later than 15 calendar days before the sale. The right also runs to anyone liable on the debt, junior lienholders, and others. The holder then issues an itemized cure statement, and the funds are due by 12 noon the day before the sale.
Who is the Public Trustee in a Colorado foreclosure?
The Public Trustee is a county office named as trustee in the deed of trust, and Colorado is the only state that uses one. Since July 1, 2020, the county treasurer serves as Public Trustee in second- and third-class counties (C.R.S. 38-37-102(2)(a)). Denver and Broomfield use the equivalent officer their charter provides (C.R.S. 38-37-101), which in Denver is the Clerk and Recorder.
Is there a redemption period after a Colorado Public Trustee sale?
Not for the homeowner. Part 3 of Article 38 gives a post-sale redemption right only to junior lienholders. They must file a notice of intent to redeem within eight business days after the sale (C.R.S. 38-38-302(1)). If none files, title vests in the certificate of purchase holder eight business days after the sale (C.R.S. 38-38-501(1)). The pre-sale cure is the last window you get.
Can my lender sue me for the shortfall after a Colorado foreclosure?
It can. Colorado has no broad anti-deficiency statute for residential foreclosures, and a deficiency is pursued in a separate lawsuit on the note rather than at the sale. The general six-year limitation for actions to recover a debt applies (C.R.S. 13-80-103.5(1)(a)). C.R.S. 38-38-106(6) does require the holder to come to the sale at least at its good faith estimate of fair market value, less taxes, senior liens, and costs.
Can I sell my house after the notice of election and demand is recorded?
Yes. You own the house until title vests after the Public Trustee sale, so you can sell before then and pay the loan off at closing. The practical limit is funding time, which is why the sale date printed on the combined notice sets your schedule. If the balance is higher than the house is worth, it becomes a short sale needing the lender's written approval.
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Let's chatPropcash is a direct cash homebuyer, not a law firm and not a licensed brokerage. Colorado foreclosure deadlines are strict and county practice varies, so read your recorded notice and speak with a Colorado-licensed attorney or a HUD-approved counselor. Statutes and C.R.C.P. 120 cited here were read on colorado.public.law and coloradojudicial.gov in September 2026.