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Colorado Foreclosure Laws: Process, Timeline and Your Rights

Colorado foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.

Quick answers for Colorado

Judicial or non-judicial
Both, with a court step. Most deeds of trust are foreclosed through the county public trustee: the lender files a notice of election and demand with the public trustee, which then sells the property. C.R.S. §§ 38-38-101, 38-38-105, 38-38-108
Time frames set by law
For non-agricultural property sold by the public trustee, the first sale date must be no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (no less than 110 days after the lis pendens for a sheriff's sale). C.R.S. § 38-38-108
Redemption after the sale
Colorado's foreclosure redemption statutes give redemption rights to junior lienors (who must file a notice of intent to redeem within eight business days after the sale), not to the owner. C.R.S. §§ 38-38-302, 38-38-501; Gilpin County Public Trustee, The Foreclosure Process
Deficiency judgments
Possible. The lender's sale bid form includes a line for any deficiency, and the lender must bid at least its good-faith estimate of the property's fair market value (minus senior liens, unpaid taxes and estimated holding and selling costs), unless the debt is lower. C.R.S. § 38-38-106

Last verified: 2026-10-27

How foreclosure works

Judicial or non-judicialBoth, with a court step. Most deeds of trust are foreclosed through the county public trustee: the lender files a notice of election and demand with the public trustee, which then sells the property. Even in a public trustee foreclosure, the lender must get a court order authorizing the sale under Colorado Rule of Civil Procedure 120, or the sale is invalid. Liens may also be foreclosed in court, with the sheriff conducting the sale.
Source: C.R.S. §§ 38-38-101, 38-38-105, 38-38-108
Required noticesFor a residential mortgage default consisting of missed payments, at least 30 days after default and at least 30 days before filing the notice of election and demand, the lender must mail the borrower a notice with the Colorado foreclosure hotline number, the lender's loss-mitigation contact, and a statement that foreclosure consultants may not charge up-front fees. After the notice of election and demand is recorded, the public trustee mails a "combined notice" of the sale, right to cure and right to redeem within 20 days, and again 45 to 60 days before the first scheduled sale; the notice is also published once a week for five consecutive weeks starting 45 to 60 days before the sale. The combined notice tells borrowers they may complain to the Colorado Attorney General or CFPB about single-point-of-contact or dual-tracking violations.
Source: C.R.S. §§ 38-38-102.5, 38-38-103
Time frames set by lawFor non-agricultural property sold by the public trustee, the first sale date must be no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (no less than 110 days after the lis pendens for a sheriff's sale). For agricultural property, the window is 215 to 230 days (public trustee) or at least 215 days (sheriff).
Source: C.R.S. § 38-38-108
Right to catch up (reinstate)Yes. When the default is nonpayment, the owner (and certain others, such as people liable on the debt and junior lienors) may cure by filing a written notice of intent to cure with the public trustee or sheriff no later than 15 calendar days before the sale date. The officer then obtains a cure statement from the lender showing the amount needed. A Colorado county public trustee explains that the cure must be paid in cash or cashier's check by noon the day before the sale. A deed of trust cannot waive or shorten the right to cure.
County public trustee page: https://gilpincounty.colorado.gov/elected-officials/public-trustee/the-foreclosure-process
Source: C.R.S. §§ 38-38-104, 38-38-703; Gilpin County Public Trustee, The Foreclosure Process

After the sale

Redemption after the saleColorado's foreclosure redemption statutes give redemption rights to junior lienors (who must file a notice of intent to redeem within eight business days after the sale), not to the owner. A county public trustee states that foreclosures started in 2008 and later do not allow owner redemptions. If no lienor redeems, title vests in the certificate holder at the close of business eight business days after the sale.
Source: C.R.S. §§ 38-38-302, 38-38-501; Gilpin County Public Trustee, The Foreclosure Process
Deficiency judgmentsPossible. The lender's sale bid form includes a line for any deficiency, and the lender must bid at least its good-faith estimate of the property's fair market value (minus senior liens, unpaid taxes and estimated holding and selling costs), unless the debt is lower. A lender's failure to bid that amount does not invalidate the sale, but anyone sued for a deficiency may raise it as a defense.
The statute reviewed does not set a separate deadline for filing a deficiency suit.
Source: C.R.S. § 38-38-106

HOAs, taxes and selling

HOA liens and foreclosureYes, with significant limits. Fines, collection costs and attorney fees may be part of an association's lien but cannot be the basis of a foreclosure. For a unit that is an individual owner's principal residence, the association may foreclose only after getting a personal judgment against the owner in a civil collection case (or in limited situations such as the owner's death, incapacity, inability to be served within 180 days, or bankruptcy). At least 30 days before suing to foreclose, the association must notify the owner in writing and electronically of the right to credit counseling and the right to mediation. Owners must be offered a payment plan of at least 18 months, and the association may not foreclose while the owner is complying with it. Up to six months of regular assessments have priority over a first mortgage.
Source: C.R.S. §§ 38-33.3-316, 38-33.3-316.3
Property tax salesColorado sells tax liens. The owner, an agent, anyone with a legal or equitable claim, or a tax-sale certificate holder may redeem at any time before the county treasurer executes a treasurer's deed to the buyer, by paying the treasurer the taxes, delinquent interest and costs for which the lien was sold, plus interest as provided by law.
Source: C.R.S. § 39-12-103

Getting help

Free help for homeownersThe Colorado Housing and Finance Authority (CHFA) helps homeowners at risk of foreclosure connect with HUD-approved housing counselors and sponsors Colorado Housing Connects at 1-877-601-HOPE (4673), which county public trustees also list as the Colorado Foreclosure Hotline for free help. Lenders must give borrowers the Colorado foreclosure hotline number before starting a residential foreclosure.
Source: CHFA, Homeownership; C.R.S. § 38-38-102.5

Foreclosure & Homeowner Law FAQ

Is Colorado a judicial or non-judicial foreclosure state?
Both, with a court step. Most deeds of trust are foreclosed through the county public trustee: the lender files a notice of election and demand with the public trustee, which then sells the property. Even in a public trustee foreclosure, the lender must get a court order authorizing the sale under Colorado Rule of Civil Procedure 120, or the sale is invalid. Liens may also be foreclosed in court, with the sheriff conducting the sale.
What notice is required before a foreclosure sale in Colorado?
For a residential mortgage default consisting of missed payments, at least 30 days after default and at least 30 days before filing the notice of election and demand, the lender must mail the borrower a notice with the Colorado foreclosure hotline number, the lender's loss-mitigation contact, and a statement that foreclosure consultants may not charge up-front fees. After the notice of election and demand is recorded, the public trustee mails a "combined notice" of the sale, right to cure and right to redeem within 20 days, and again 45 to 60 days before the first scheduled sale; the notice is also published once a week for five consecutive weeks starting 45 to 60 days before the sale. The combined notice tells borrowers they may complain to the Colorado Attorney General or CFPB about single-point-of-contact or dual-tracking violations.
How long does foreclosure take in Colorado?
For non-agricultural property sold by the public trustee, the first sale date must be no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (no less than 110 days after the lis pendens for a sheriff's sale). For agricultural property, the window is 215 to 230 days (public trustee) or at least 215 days (sheriff).
Can you stop a foreclosure by catching up on payments in Colorado?
Yes. When the default is nonpayment, the owner (and certain others, such as people liable on the debt and junior lienors) may cure by filing a written notice of intent to cure with the public trustee or sheriff no later than 15 calendar days before the sale date. The officer then obtains a cure statement from the lender showing the amount needed. A Colorado county public trustee explains that the cure must be paid in cash or cashier's check by noon the day before the sale. A deed of trust cannot waive or shorten the right to cure.
Is there a right of redemption after foreclosure in Colorado?
Colorado's foreclosure redemption statutes give redemption rights to junior lienors (who must file a notice of intent to redeem within eight business days after the sale), not to the owner. A county public trustee states that foreclosures started in 2008 and later do not allow owner redemptions. If no lienor redeems, title vests in the certificate holder at the close of business eight business days after the sale.
Can the lender come after you for the rest of the loan after foreclosure in Colorado?
Possible. The lender's sale bid form includes a line for any deficiency, and the lender must bid at least its good-faith estimate of the property's fair market value (minus senior liens, unpaid taxes and estimated holding and selling costs), unless the debt is lower. A lender's failure to bid that amount does not invalidate the sale, but anyone sued for a deficiency may raise it as a defense.
Can an HOA foreclose on your home in Colorado?
Yes, with significant limits. Fines, collection costs and attorney fees may be part of an association's lien but cannot be the basis of a foreclosure. For a unit that is an individual owner's principal residence, the association may foreclose only after getting a personal judgment against the owner in a civil collection case (or in limited situations such as the owner's death, incapacity, inability to be served within 180 days, or bankruptcy). At least 30 days before suing to foreclose, the association must notify the owner in writing and electronically of the right to credit counseling and the right to mediation. Owners must be offered a payment plan of at least 18 months, and the association may not foreclose while the owner is complying with it. Up to six months of regular assessments have priority over a first mortgage.
How do you get your home back after a tax sale in Colorado?
Colorado sells tax liens. The owner, an agent, anyone with a legal or equitable claim, or a tax-sale certificate holder may redeem at any time before the county treasurer executes a treasurer's deed to the buyer, by paying the treasurer the taxes, delinquent interest and costs for which the lien was sold, plus interest as provided by law.
Where can homeowners get free foreclosure help in Colorado?
The Colorado Housing and Finance Authority (CHFA) helps homeowners at risk of foreclosure connect with HUD-approved housing counselors and sponsors Colorado Housing Connects at 1-877-601-HOPE (4673), which county public trustees also list as the Colorado Foreclosure Hotline for free help. Lenders must give borrowers the Colorado foreclosure hotline number before starting a residential foreclosure.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.