How to Stop a Foreclosure in Colorado
Reviewed by DocDraft Legal Team · Colorado · Last updated 2026-08-31
Foreclosure is the legal process a lender uses to take and sell your home after you fall behind on the mortgage, and stopping it means curing the default before the public-trustee sale is held. In Colorado, most foreclosures are non-judicial and run through a county public trustee (C.R.S. § 38-38-101); judicial foreclosure through the courts is also available, and a court order authorizing sale under Rule 120 is required before the sale. For residential property, the public trustee's sale is held no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (C.R.S. § 38-38-108). A borrower has a right to cure by filing a written notice of intent to cure no later than 15 calendar days before the sale, then paying all sums due by noon the day before the sale (C.R.S. § 38-38-104). Colorado law gives the owner no post-sale redemption; only junior lienors may redeem (C.R.S. § 38-38-302). A deficiency may be pursued, but the holder must bid at least a good-faith estimate of fair market value (C.R.S. § 38-38-106).
Find out where you stand in Colorado
Where are you in the foreclosure process?
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How do I stop a foreclosure in Colorado?
In Colorado, most foreclosures are non-judicial and run through a county public trustee (C.R.S. § 38-38-101). You can stop the sale by exercising the right to cure, filing a notice of intent to cure at least 15 days before the sale and paying all sums due by noon the day before (C.R.S. § 38-38-104), or by pursuing loss mitigation.
What is the foreclosure timeline in Colorado?
For residential property, the public trustee's sale is held no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (C.R.S. § 38-38-108). A combined notice is mailed to the borrower after recording, and a Rule 120 court order authorizing sale is required before the sale.
Can I cure my mortgage default to stop foreclosure in Colorado?
Yes. Under C.R.S. § 38-38-104, a Colorado borrower entitled to cure must file a written notice of intent to cure no later than 15 calendar days before the sale, then pay all sums due under the debt and deed of trust to the officer no later than noon the day before the sale. A completed cure withdraws the foreclosure.
Can the lender pursue me for the balance after foreclosure in Colorado?
Yes, subject to a bidding rule. Under C.R.S. § 38-38-106(6), the holder must bid at least a good-faith estimate of the property's fair market value, less taxes, senior liens, and costs. A deficiency may then be pursued on the debt, but failure to bid that amount is a defense to the deficiency.
Colorado foreclosure law at a glance
Colorado is unusual in routing most foreclosures through a county public trustee rather than a private trustee. Under C.R.S. § 38-38-101 the holder of the debt elects to foreclose by filing a notice of election and demand with the public trustee, who conducts the sale, and a Rule 120 court order authorizing sale is required beforehand. For residential property, the sale is held no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (C.R.S. § 38-38-108). The borrower has a right to cure: filing a notice of intent to cure at least 15 calendar days before the sale, then paying all sums due by noon the day before (C.R.S. § 38-38-104). Colorado gives the owner no post-sale redemption; only junior lienors may redeem (C.R.S. § 38-38-302). A deficiency may be pursued, but the holder must bid a good-faith estimate of fair market value (C.R.S. § 38-38-106).
Curing a Colorado public-trustee foreclosure in time
Suppose you fall behind on your Colorado mortgage and the holder files a notice of election and demand with the county public trustee. Under C.R.S. § 38-38-108, the residential sale is held between 110 and 125 calendar days after that notice is recorded, and a Rule 120 court order authorizing sale is required first. To keep the home, you file a written notice of intent to cure with the public trustee no later than 15 calendar days before the sale, then pay all sums due under the debt and deed of trust by noon the day before the sale (C.R.S. § 38-38-104); a completed cure withdraws the foreclosure. You could also apply for a loan modification or work with a HUD-approved counselor. Because Colorado gives the owner no post-sale redemption (C.R.S. § 38-38-302), acting before the sale is critical. Attorney review of your paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help Colorado homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
Colorado Housing and Finance Authority
State housing finance agency offering homeownership programs and resources for Colorado homeowners facing hardship, delinquency, or foreclosure.
Colorado Judicial Branch Self-Help Center
Official self-help resources of the Colorado courts, including the Rule 120 process that authorizes a public-trustee sale and judicial foreclosure procedures.
Colorado Legal Services
Statewide nonprofit providing free civil legal aid to income-qualified Colorado residents, including housing and foreclosure matters.
Relevant Laws
C.R.S. § 38-38-101 (Foreclosure through the public trustee)
Provides that the holder of the evidence of debt may elect to foreclose by filing a notice of election and demand with the county public trustee, who conducts Colorado's predominant non-judicial sale.
C.R.S. § 38-38-108 (Date of sale)
Sets the residential public-trustee sale no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded, with a longer window for agricultural property.
C.R.S. § 38-38-104 (Right to cure)
Lets a person entitled to cure file a written notice of intent to cure no later than 15 calendar days before the sale and pay all sums due by noon the day before the sale, withdrawing the foreclosure.
C.R.S. § 38-38-302 (Redemption by lienors)
Provides that only junior lienors whose liens were recorded before the notice of election and demand may redeem after the sale; owner redemption was replaced by the pre-sale right to cure.
C.R.S. § 38-38-106 (Good-faith bid requirement)
Requires the holder to bid at least a good-faith estimate of the property's fair market value, less taxes, senior liens, and costs; failure to do so may be raised as a defense to a deficiency.
Regional Variances
Colorado foreclosure rules vs national norms
Process type
Predominantly non-judicial through a county public trustee, a Colorado-specific office, after the holder files a notice of election and demand (C.R.S. § 38-38-101). A Rule 120 court order authorizing sale is required, and judicial foreclosure is also available.
Notice timeline
For residential property the sale is held no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (C.R.S. § 38-38-108). A combined notice is mailed to the borrower after recording.
Reinstatement right
Right to cure. The borrower files a notice of intent to cure at least 15 calendar days before the sale and pays all sums due by noon the day before (C.R.S. § 38-38-104). A completed cure withdraws the foreclosure.
Redemption after sale
None for the owner. Colorado replaced owner redemption with the pre-sale right to cure. Only junior lienors whose liens predate the notice of election and demand may redeem after the sale (C.R.S. § 38-38-302).
Deficiency judgment
Allowed, subject to a good-faith bid. The holder must bid at least a good-faith estimate of fair market value, less taxes, senior liens, and costs (C.R.S. § 38-38-106(6)); failure to do so is a defense to the deficiency.
Non-judicial vs judicial foreclosure in Colorado
Public-trustee sale (the common path)
Conducted by a county public trustee after the holder files a notice of election and demand (C.R.S. § 38-38-101), with a Rule 120 court order authorizing sale. The residential sale is set 110 to 125 days out, the borrower may cure before the sale, and there is no owner redemption afterward.
Judicial foreclosure (the alternative path)
Filed as a full court action and decided by a court. It is slower and less common than the public-trustee process. A borrower served with a summons and complaint must file a written response by the stated deadline or risk a default judgment.
Suggested Compliance Checklist
Confirm whether your foreclosure is through the public trustee or the courts
As soon as you fall behind or receive any notice days after startingMost Colorado foreclosures are non-judicial through a county public trustee under C.R.S. § 38-38-101, with a Rule 120 court order authorizing the sale. Judicial foreclosure is a full court action. Knowing which type you face determines your cure deadline and whether you must respond to a court filing.
Read the combined notice and calendar the 110-to-125-day window
Immediately upon receiving the combined notice days after startingFor residential property, the public-trustee sale is held 110 to 125 calendar days after the notice of election and demand is recorded (C.R.S. § 38-38-108). Note the recording date, calendar the sale, and mark the cure deadline of 15 calendar days before the sale.
Contact your servicer and apply for loss mitigation or a loan modification
As early as possible, during the notice period days after startingAsk your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the sale. Attorney review of your loss-mitigation package is available through DocDraft.
File a notice of intent to cure and pay before the deadline
Notice at least 15 days before the sale; payment by noon the day before days after startingUnder C.R.S. § 38-38-104, file a written notice of intent to cure with the public trustee no later than 15 calendar days before the sale, then pay all sums due under the debt and deed of trust by noon the day before the sale. Request the cure figure in writing and confirm the exact amount and deadline.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies assist Colorado homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the sale date.
Respond to the Rule 120 hearing or a judicial foreclosure lawsuit
By the deadline stated in the notice or summons days after startingA Rule 120 order authorizing sale is required before a public-trustee sale, and you may file a response contesting it. If your foreclosure is judicial, you must file a written response to the summons and complaint by the deadline or risk a default judgment. Attorney review is available through DocDraft.
Check the good-faith bid and any deficiency exposure
Around the time of sale and any deficiency claim days after startingUnder C.R.S. § 38-38-106(6), the holder must bid at least a good-faith estimate of the property's fair market value, less taxes, senior liens, and costs. If a deficiency is later claimed, failure to bid that amount is a defense, so review the bid and the sale figures carefully.
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the combined notice, the notice of election and demand, cure figures, and all servicer correspondence, with dates. These records fix your deadlines under C.R.S. § 38-38-108 and support a cure under § 38-38-104, and they document any servicing errors. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether your foreclosure is through the public trustee or the courts | Most Colorado foreclosures are non-judicial through a county public trustee under C.R.S. § 38-38-101, with a Rule 120 court order authorizing the sale. Judicial foreclosure is a full court action. Knowing which type you face determines your cure deadline and whether you must respond to a court filing. | - | As soon as you fall behind or receive any notice |
| Read the combined notice and calendar the 110-to-125-day window | For residential property, the public-trustee sale is held 110 to 125 calendar days after the notice of election and demand is recorded (C.R.S. § 38-38-108). Note the recording date, calendar the sale, and mark the cure deadline of 15 calendar days before the sale. | - | Immediately upon receiving the combined notice |
| Contact your servicer and apply for loss mitigation or a loan modification | Ask your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the sale. Attorney review of your loss-mitigation package is available through DocDraft. | - | As early as possible, during the notice period |
| File a notice of intent to cure and pay before the deadline | Under C.R.S. § 38-38-104, file a written notice of intent to cure with the public trustee no later than 15 calendar days before the sale, then pay all sums due under the debt and deed of trust by noon the day before the sale. Request the cure figure in writing and confirm the exact amount and deadline. | - | Notice at least 15 days before the sale; payment by noon the day before |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies assist Colorado homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare curing the default, a loan modification, and other options before the sale date. | - | As early as possible in the process |
| Respond to the Rule 120 hearing or a judicial foreclosure lawsuit | A Rule 120 order authorizing sale is required before a public-trustee sale, and you may file a response contesting it. If your foreclosure is judicial, you must file a written response to the summons and complaint by the deadline or risk a default judgment. Attorney review is available through DocDraft. | - | By the deadline stated in the notice or summons |
| Check the good-faith bid and any deficiency exposure | Under C.R.S. § 38-38-106(6), the holder must bid at least a good-faith estimate of the property's fair market value, less taxes, senior liens, and costs. If a deficiency is later claimed, failure to bid that amount is a defense, so review the bid and the sale figures carefully. | - | Around the time of sale and any deficiency claim |
| Keep written records of every notice, payment, and communication | Save the combined notice, the notice of election and demand, cure figures, and all servicer correspondence, with dates. These records fix your deadlines under C.R.S. § 38-38-108 and support a cure under § 38-38-104, and they document any servicing errors. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the legal process a lender uses to take and sell your home when you fall behind on the mortgage. In Colorado, most foreclosures are non-judicial and run through a county public trustee, who conducts the sale after the holder files a notice of election and demand (C.R.S. § 38-38-101). Judicial foreclosure is also available.
A non-judicial foreclosure runs through a county public trustee under C.R.S. § 38-38-101 and is the common Colorado route, though it still requires a Rule 120 court order authorizing the sale. A judicial foreclosure is filed as a full court action and is less common. Both end the owner's interest at the sale, with no owner redemption.
For residential property, the public trustee's sale is held no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (C.R.S. § 38-38-108). A combined notice is mailed to the borrower after recording, so you have roughly three to four months to act.
Yes. Under C.R.S. § 38-38-104, you must file a written notice of intent to cure with the officer no later than 15 calendar days before the sale, then pay all sums then due under the debt and deed of trust no later than noon the day before the sale. A completed cure withdraws or dismisses the foreclosure.
Not as the owner. Colorado replaced owner redemption with the pre-sale right to cure, so the borrower has no post-sale redemption. Only junior lienors whose liens were recorded before the notice of election and demand may redeem, filing a notice of intent within eight business days after the sale (C.R.S. § 38-38-302).
Yes, subject to a bidding rule. Under C.R.S. § 38-38-106(6), the holder must bid at least a good-faith estimate of the property's fair market value, less taxes, senior liens, and costs. A deficiency may be pursued on the debt, but failure to bid that amount may be raised as a defense by anyone sued for the deficiency.
After the notice of election and demand is recorded, the public trustee mails a combined notice to the borrower, and the residential sale is set 110 to 125 days out (C.R.S. § 38-38-108). During that period you can cure under § 38-38-104, pursue loss mitigation, or contest the Rule 120 order authorizing the sale.
Colorado homeowners can get free help from HUD-approved housing counseling agencies, which assist with loss mitigation and lender negotiations at no cost. The Colorado Housing and Finance Authority offers homeowner resources, and Colorado Legal Services helps income-qualified residents. Acting well before the sale date gives you the most options.
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