Colorado uses non-judicial foreclosure. Rule 120 hearing in District Court is the only court process. 110-125 day process from NOD to sale. We serve all 64 CO counties.
Non-Judicial
Rule 120 hearing only
110-125 Days
NOD to sale timeline
64 Counties
Statewide coverage
Rule 120 Defense
Challenge lender standing
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Colorado has 64 counties, each with a District Court. CO uses non-judicial foreclosure under C.R.C.P. Rule 120 requiring a court hearing before sale. 110-125 day timeline.
All 64 Colorado counties served — Denver, El Paso, Arapahoe, Jefferson, Boulder, Larimer, Douglas, Weld, and all others.
CO non-judicial foreclosure under C.R.C.P. 120 with Public Trustee oversight. 110-125 day process.
The lender files a Notice of Election and Demand with the Public Trustee and sends you the Combined Notice. This starts the 110-125 day process. 75-day right to cure applies.
Under C.R.C.P. 120, a hearing is required. The court determines reasonable probability of default. This is your chance to raise defenses. File a response under C.R.C.P. 120(d).
If the court finds reasonable probability of default, an Order Authorizing Sale is issued. The Public Trustee must then publish notice of sale for 5 consecutive weeks.
Public auction. CO has a 75-day redemption period after sale in some cases. Consult an attorney. Eviction follows via FED (Forcible Entry and Detainer).
Colorado is a non-judicial foreclosure state where foreclosures proceed under a power of sale in a deed of trust. The process involves a Rule 120 hearing — a unique Colorado requirement where the lender must obtain a court order authorizing the sale. The entire process typically takes 110–125 days from the Notice of Election and Demand to the foreclosure sale.
The standard process in Colorado. The lender files a Notice of Election and Demand with the county public trustee. After mandatory waiting periods, a Rule 120 hearing is scheduled in District Court. If authorized, the public trustee conducts the sale.
Unique to Colorado. Before a foreclosure sale can proceed, the lender must file a Rule 120 motion in District Court. This hearing gives the homeowner an opportunity to contest the foreclosure and raise defenses before the court authorizes the sale.
Colorado's process follows a structured sequence of notices, waiting periods, and a mandatory court hearing before a sale can proceed.
| Stage | What Happens | What You Can Do |
|---|---|---|
| Notice of Election & Demand | Lender files NED with the county public trustee. The trustee records it and mails notice to the homeowner. A mandatory waiting period begins. | Contact a document preparation service immediately. Begin gathering documents. Explore reinstatement or modification options. |
| Rule 120 Hearing | Lender files a motion with CO District Court. A hearing is set where the court determines if the lender has the right to foreclose. This is the key defense opportunity. | Raise any defenses at the hearing. Contest standing, procedural defects, or violations. A prepared response is critical at this stage. |
| Sale Notice & Auction | After court authorization, public trustee publishes sale notice and conducts the auction. Sale typically 45–60 days after Rule 120 order. | Seek TRO/injunction if sale is imminent. Explore emergency bankruptcy options through licensed counsel. |
| Post-Sale | Property transfers to highest bidder. Colorado has limited post-sale redemption. Deficiency judgments are generally not available after non-judicial foreclosure. | Consult about post-foreclosure options. Colorado's anti-deficiency protections for purchase-money loans provide significant post-sale protection. |
Colorado homeowners have several options. The Rule 120 hearing provides a significant defense opportunity unique to this state.
Colorado law provides a statutory right to cure (reinstate) the default by paying all past-due amounts plus costs. The cure deadline is typically 15 days before the sale, as set by the public trustee.
Negotiate with the lender to modify loan terms. The 110+ day Colorado timeline provides a meaningful window to pursue and complete a modification before the sale.
Contest the lender's right to foreclose at the Rule 120 hearing. Raise defenses including standing, chain of title defects, TILA/RESPA violations, and procedural errors.
Temporarily reduce or pause payments. At the end of the forbearance period, missed amounts must be addressed through a repayment plan, modification, or other arrangement.
Chapter 13 bankruptcy triggers an automatic stay that halts the foreclosure process. Consult a licensed bankruptcy attorney for advice on this option.
Have loan documents reviewed for federal violations. Prepared documents can support the Rule 120 hearing response and other pro se filings in CO District Court.
Important: Dream Legal Solutions is a document preparation service, not a law firm. We do not provide legal advice or representation. Our services help you prepare documents for pro se use.
Colorado's unique Rule 120 process provides an important opportunity to raise defenses. Dream Legal Solutions provides professional document preparation services to Colorado homeowners.
Disclaimer: Dream Legal Solutions is not a law firm and does not provide legal advice or representation. We are a document preparation service. No attorney-client relationship is created.
From Denver to Colorado Springs, Boulder to Grand Junction.
"Received an NED from the Denver Public Trustee. Dream Legal Solutions prepared my C.R.C.P. 120 response for Denver District Court within days. Their CO-specific knowledge saved us."
— Marcus D., Denver
"After a layoff in Colorado Springs, the lender filed with the El Paso Public Trustee. Dream Legal Solutions prepared my Rule 120 defense and raised critical violations."
— Sarah J., Colorado Springs
"Dream Legal Solutions helped me in Arapahoe County. They prepared documents for the Centennial District Court with C.R.C.P. 120 defenses. Excellent work under pressure."
— David W., Arapahoe County
"Medical hardship in Jefferson County. Dream Legal Solutions prepared our response for the Golden District Court. They handled Rule 120 perfectly."
— Robert M., Jefferson County
"Facing foreclosure in Boulder County. Dream Legal Solutions filed my C.R.C.P. 120 response for the Boulder District Court. They know CO foreclosure law."
— James T., Boulder County
"Larimer County foreclosure. Dream Legal Solutions prepared documents for the Fort Collins District Court with detailed C.R.C.P. 120 arguments. Professional and fast."
— Emily S., Larimer County
Key documents in CO's C.R.C.P. 120 non-judicial process.
Filed with the Public Trustee. Combined Notice sent to homeowner. Starts the 110-125 day process. 75-day right to cure. Must include all amounts due.
The lender files a Motion for Order Authorizing Sale. Hearing within 60 days. You can file a response under C.R.C.P. 120(d) challenging default or raising defenses.
Issued after Rule 120 hearing. The Public Trustee publishes notice of sale for 5 consecutive weeks. Must include all statutorily required disclosures.
After the sale, the Public Trustee issues a deed. CO may allow a redemption period. Eviction follows via FED (Forcible Entry and Detainer) in County Court.
Unique to Colorado. Before a sale, the lender must obtain court authorization through a Rule 120 hearing in District Court. This is a key opportunity to raise defenses.
Foreclosures are processed by the county public trustee, not the courts. Each of Colorado's 64 counties has a public trustee office.
The full Colorado non-judicial process from Notice of Election to sale typically takes 110–125 days, providing some time for defense.
Colorado generally prohibits deficiency judgments after non-judicial foreclosure of purchase-money loans on owner-occupied residential property.
Colorado provides a statutory right to cure (reinstate) by paying all past-due amounts plus costs. Deadline is set by the public trustee, typically 15 days before sale.
The Colorado Division of Housing and HUD-approved housing counselors serve CO residents facing foreclosure. The Colorado Foreclosure Hotline: 1-877-601-HOPE.
Colorado is a non-judicial foreclosure state. Foreclosures proceed under a power of sale in a deed of trust through the county public trustee. However, Colorado uniquely requires a Rule 120 court hearing before the sale can proceed.
A Rule 120 hearing is a unique Colorado court proceeding where the lender must obtain a District Court order authorizing the foreclosure sale. The homeowner can appear and raise defenses at this hearing. It's a critical opportunity to contest the foreclosure.
The full Colorado non-judicial foreclosure process typically takes 110–125 days from the Notice of Election and Demand to the sale. This timeline includes mandatory waiting periods and the Rule 120 hearing.
Colorado generally prohibits deficiency judgments after non-judicial foreclosure of purchase-money loans on owner-occupied residential property. This is a significant consumer protection in CO law, but it does not apply to all loan types.
Colorado provides a statutory right to cure (reinstate) the default. The homeowner can stop the foreclosure by paying all past-due amounts plus costs. The cure deadline is set by the public trustee, typically at least 15 days before the sale date.
Essential: deed of trust and note, Notice of Election and Demand, Rule 120 motion and court order, public trustee notices, servicer correspondence, mortgage statements, payment history, and financial documentation.
No. Dream Legal Solutions is a document preparation service, not a law firm. We prepare documents for pro se use. We do not provide legal advice or representation. For representation, consult a licensed Colorado attorney.
Colorado's non-judicial foreclosure under Rule 120 of the Colorado Rules of Civil Procedure is unique — it requires a court hearing but is still classified as non-judicial. Bankruptcy's automatic stay can halt this process at any stage before the public trustee sale occurs.
Filing Chapter 7 immediately halts the Rule 120 proceeding and the public trustee sale via the automatic stay. The stay typically provides 30-90 days before the lender files for relief. Chapter 7 discharges your personal mortgage liability — eliminating deficiency exposure — but does not create a permanent mechanism to retain the home unless you negotiate with the lender during the stay.
Colorado consideration: Under C.R.S. § 38-41-201, Colorado's homestead exemption protects up to $75,000 in home equity ($150,000 for elderly or disabled homeowners). This means the Chapter 7 trustee generally cannot liquidate your home unless your equity significantly exceeds these amounts, making Chapter 7 a viable option for Colorado homeowners seeking a clean financial restart.
Chapter 13 creates a 3-5 year plan to cure mortgage arrears while the automatic stay protects the home. This stops the Rule 120 hearing and the public trustee sale, giving Colorado homeowners time to catch up on payments. The U.S. Bankruptcy Court for the District of Colorado in Denver administers all Chapter 13 cases statewide.
Colorado consideration: Colorado's non-judicial timeline from Notice of Election and Demand (NED) to public trustee sale is approximately 110-125 days. Chapter 13 is typically more feasible than in faster states — you usually have adequate time to file before the sale date. However, if you've delayed and the sale is imminent, emergency skeleton filing remains available to halt the auction.
When to Seek Legal Advice
Bankruptcy carries lasting credit consequences and should be carefully evaluated. Colorado homeowners should consult a licensed Colorado bankruptcy attorney before filing. Dream Legal Solutions is a document preparation service — we do not file bankruptcy petitions. We can prepare foreclosure defense documents that may be pursued as an alternative or alongside bankruptcy protection.
Under C.R.S. § 38-38-104, Colorado provides a statutory right to cure the default before the public trustee sale. The homeowner must file a notice of intent to cure with the public trustee at least 15 days before the scheduled sale date. The cure amount includes all past-due payments, late fees, and allowable foreclosure costs — not the full loan balance.
The public trustee will provide a cure statement upon request detailing the exact amount needed. This right exists up until the cure deadline passes. Colorado's cure right is significantly more accessible than equitable redemption because it requires only the arrears — not the entire loan balance.
Colorado does not provide a statutory right of redemption after the public trustee sale. Once the auction concludes and the public trustee issues the Confirmation Deed, the former homeowner's ownership rights are terminated. There is no post-sale window — not 30 days, not 6 months — to reclaim the property by paying the auction price.
Colorado's non-judicial framework, including the Rule 120 hearing requirement, already incorporates judicial oversight before the sale. The Legislature has determined that the pre-sale protections — the NED notice, the Rule 120 hearing, and the right to cure — provide sufficient due process without requiring an additional post-sale redemption mechanism.
Critical deadline: The right to cure must be exercised by filing a notice of intent to cure with the public trustee at least 15 days before the sale date. If you miss this deadline, the only remaining options are negotiating a loan modification, filing a lawsuit with TRO, or filing bankruptcy. The time window closes quickly — act as soon as you receive the NED or Notice of Sale.
The Rule 120 hearing is your key opportunity to raise defenses. Fill out the form above or call now for a free, confidential case review. We serve all 64 Colorado counties including Denver, El Paso, Arapahoe, and Jefferson.
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Dream Legal Solutions is a document preparation service and is not a law firm. We do not provide legal advice or representation.