Facing foreclosure in Denver? Colorado residential foreclosures are commonly non-judicial — the public trustee conducts the sale under C.R.S. § 38-38 with a mandatory Rule 120 hearing in Denver District Court before the sale may proceed. The Notice of Election and Demand (NED) is recorded with the Denver Clerk and Recorder, triggering statutory notice and hearing requirements. The Rule 120 hearing provides Denver homeowners with an opportunity to be heard and to file written objections. Whether a separate civil lawsuit or emergency relief is needed depends on the circumstances. We prepare written objections, civil complaints, and all Denver District Court–ready documents for homeowners in the City and County of Denver representing themselves pro se.
Denver District Court
Rule 120 hearings & civil filings
C.R.S. § 38-38 Process
Public Trustee — NED, Rule 120, auction
Denver Clerk & Recorder
NED recording & research
Pro Se Document Prep
City & County of Denver filings
Colorado residential foreclosures are commonly non-judicial, governed by C.R.S. § 38-38. The public trustee — not a private auctioneer — administers the sale. Before the sale may proceed, a mandatory Rule 120 hearing must be held in Denver District Court, providing Denver homeowners an opportunity to file written objections and be heard. The process begins when the Notice of Election and Demand (NED) is recorded with the Denver Clerk and Recorder. The specific timeline depends on when the NED is recorded and the notice and hearing scheduling requirements. Colorado law may provide a post-sale redemption period under certain circumstances, but pre-auction action is generally important. Homeowners should consult with a qualified Colorado attorney for case-specific guidance.
Notice of Election & Demand — Denver Clerk & Recorder
The lender records a Notice of Election and Demand (NED) with the Denver Clerk and Recorder under C.R.S. § 38-38. This triggers statutory notice requirements and starts the foreclosure process through the public trustee. The timeline from NED recording to sale depends on notice and hearing scheduling.
Rule 120 Hearing — Denver District Court
Under Colorado Rule of Civil Procedure 120, a court hearing is required before the public trustee may proceed with the sale. The court determines whether the lender may foreclose. This hearing provides a Denver homeowner the opportunity to file written objections and be heard. The specific issues that may be raised depend on the individual circumstances.
Public Trustee Auction
If the court authorizes the sale at the Rule 120 hearing, the public trustee holds the auction. Colorado law may provide a post-sale redemption period under certain circumstances, depending on the type and occupancy of the property. Raising objections at the Rule 120 hearing before the auction is generally important. A separate civil lawsuit may also be filed in Denver District Court seeking emergency relief, though filing alone does not guarantee the result.
Critical: The Rule 120 hearing is the key opportunity to raise objections in Denver District Court. Filing written objections alone does not guarantee the sale will be stopped — the court decides based on the specific facts. A separate civil lawsuit may be required depending on the circumstances. Consult a qualified Colorado attorney to evaluate your options.
Whether a Notice of Election and Demand has been recorded with the Denver Clerk and Recorder or a Rule 120 hearing is already scheduled in Denver District Court — early preparation is generally important. Free consultation. No obligation.
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