A foreclosure officially starts when the "Notice of Election and Demand" is recorded in the Clerk and Recorder's office.
If I am living in my home and it goes into foreclosure, do I need to move out of my home immediately after I receive Notice of the foreclosure?
Not necessarily. A homeowner/borrower still OWNS the home and has the rights and obligations of a homeowner until the time of the foreclosure auction sale. If you sell the home after it is in foreclosure, you will need to vacate the premises according to the terms of your sale. Unless you plan to "cure" your mortgage default (bring your payments current) PRIOR to sale date, you should plan to be able to move when the property goes to SALE. Once the property is sold at foreclosure auction to either the lender or an outside investor, you will no longer own the property. If you do not move after the foreclosure sale has taken place, you may be subject to eviction proceedings - which will be done in COURT by the new owner and you will receive NOTICE of the eviction proceedings. The Public Trustee's office does NOT process the eviction proceedings.
The Public Trustee's foreclosure auctions are scheduled, according to law, on each foreclosure case (on non-agricultural property from 110-125 calendar days after recording of the NED; on agricultural property from 215-230 calendar days after recording of the NED). Notice of the scheduled sale date is sent to parties in interest in the foreclosure and published in an Adams County legally-qualified newspaper of general circulation. The auction sales are held every Wednesday morning at 10 a.m. (except when cancelled by the Public Trustee due to holidays or if the County's offices are officially closed) at 4430 So. Adams County Parkway, Suite W-1000, Brighton, CO 80601. This is in the County Government Center located at approximately 124th & Sable Blvd. If you wish to bid at a foreclosure auction sale, please see information on the "Bidding and Post Sale Process" on this website.
What if my property goes to foreclosure auction sale and is purchased for MORE THAN THE TOTAL OWED to the lender and to all other lien holders?
If your property goes to foreclosure auction sale and is purchased for more than the total owed to the lender (the amount of the bid made by the lender plus any deficiency equals 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.
Yes, but only under very limited situations. The lender or its attorney may request that a sale date be continued. The Public Trustee does NOT have authority to continue or postpone a sale date unless the office has not received a timely written bid from the lender/attorney or unless the office has not timely received a signed Court Order authorizing the sale to proceed. The Public Trustee does NOT have authority to continue or postpone a sale date upon request of the homeowner/borrower. If the sale date is continued to a later date, the deadline to file a Notice of Intent to Cure by those parties entitled to cure may also be extended. The Public Trustee does have legal authority to continue a sale date pursuant to Colorado's Foreclosure Deferment law (38-38-801 et seq.) if the case has been legally qualified to participate in the Deferment Program. See further information elsewhere on this website. Sale dates may also be "postponed" or "stayed" if a bankruptcy is filed by the borrower(s).
If my foreclosure sale DOES NOT TAKE PLACE on the date it was originally scheduled, will I receive any additional notice from the Public Trustee's office about the new sale date?
NO, you will not receive any additional notices from the Public Trustee's office about a continued or postponed sale date. You should MONITOR your foreclosure case on this website or call our office at 720-523-6250 to see if your sale date has been changed. If the sale date is continued to a later date, the deadline to file a Notice of Intent to Cure by those parties entitled to cure may also be extended.
If you are a tenant pursuant to a written Lease or Rental Agreement and the property you are leasing or renting goes into foreclosure, you MAY have certain legal rights. You should contact an attorney - the Public Trustee's office cannot give you legal advice.
Click on the "Foreclosure Search" link. After you agree to the stated terms for the search site, you will be in a search engine area. You may enter information into any of the search criteria fields -- a foreclosure number (or simply the last 5 digits of the foreclosure number); a street name (such as Main, Cherry, etc.); a house number (such as 1234, 6789, etc.). Please be sure to enter minimal information because if you enter too much information in the search criteria you may not get the desired results; i.e., if you enter "Street" but the file is in our system under "St." for the address you will not get results. Once you get a grid of results in the lower part of the search page you can scroll through the results to find the appropriate name, address, etc. for which you are searching. Click on the blue foreclosure number to the left of the grid and that will take you directly into the Public Trustee's file for that case. Review the links to the various parts of the file for the information you are seeking.
No, tax dollars are not used to operate the Public Trustee's office. The office is maintained by user fees. Excess proceeds earned above what it takes to operate the office are deposited with the County Treasurer on a quarterly basis and ultimately go to the Adams County General Fund under the control of the Board of County Commissioners.
No, the Public Trustee's office does not conduct seminars on the foreclosure process. This website is intended to provide basic information to citizens interested in learning about the foreclosure process. The Public Trustee does provide some basic written materials to homeowners regarding the process. They may wish to contact the Adams County Housing Authority at 303-227-2075 or the Colorado Foreclosure Hotline at 1-877-601-4673 - their services are FREE - and those agencies may be able to provide further information and assistance to homeowners regarding foreclosure processes. The Public Trustee's office does not conduct seminars for potential investors or investors in foreclosure properties.
The office of the County Assessor shows ownership information (you can search by street address on the Assessor's website) and the office of the County Clerk and Recorder maintains recorded instruments (including deeds, liens, etc.) on Adams County property (you can search by name on the Clerk's website). Both the Assessor's and the Clerk's offices are located in the County Government Center at 4430 South Adams County Parkway in Brighton. The Public Trustee's office does NOT have information regarding ownership or liens on property - the Public Trustee's office processes foreclosures and releases of deeds of trust (mortgages).