El Paso County Homeowners

El Paso County, Colorado
Foreclosure Defense Documents

Dream Legal Solutions helps homeowners in El Paso County, Colorado, including Colorado Springs and surrounding communities, obtain document preparation for the Colorado non-judicial Public Trustee foreclosure process. We help review the documents you receive so you can respond before the Rule 120 hearing and sale.

Public Trustee

Non-judicial process

Rule 120 Hearing

Sale-authorization hearing

110–125 Days

Saved-source NED-to-sale timeline

Document Prep

Pro se foreclosure defense

Free Case Review

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Act Early

Colorado Foreclosure Timing Matters

In Colorado's non-judicial process, the timeline runs from the Notice of Election and Demand through the Rule 120 hearing and the public trustee sale. Understanding these stages can help you stay organized and act while the right to cure is available.

Notice of Election & Demand (NED)

The lender files the NED with the county public trustee, and a Combined Notice is sent to you. This starts the roughly 110–125 day process with a 75-day right to cure referenced in the saved source.

  • Filed with the public trustee
  • Starts the NED-to-sale timeline
  • Basis for response paperwork

Rule 120 Hearing & Right to Cure

A Rule 120 proceeding in Colorado District Court determines whether the lender gets an Order Authorizing Sale. A statutory right to cure under C.R.S. § 38-38-104 requires filing a notice of intent to cure with the public trustee.

  • Mandatory court proceeding before sale
  • Opportunity to raise objections
  • Guides the timing for your paperwork

The Cure Window Closes Quickly

Under C.R.S. § 38-38-104, 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 scheduled sale date. Preparing documents earlier in the process gives you more room to review your options. Acting early can make it easier to stay organized.

Colorado Process

The Colorado Public Trustee Foreclosure Process

Colorado generally uses non-judicial foreclosure through the county public trustee under the power of sale in a deed of trust, with a Rule 120 court proceeding before the sale.

1

Delinquency & Loss Mitigation

After missed payments, contact your servicer early about loss mitigation or a loan modification before the NED is filed.

2

Notice of Election & Demand (NED)

The lender files the NED with the public trustee and a Combined Notice is sent to you, starting the roughly 110–125 day process.

3

Right to Cure / Notice of Intent

Under C.R.S. § 38-38-104 you may have a right to cure the arrears by filing a notice of intent to cure with the public trustee before the cure deadline.

4

Rule 120 Motion Filed

The lender files a motion in Colorado District Court for an Order Authorizing Sale under C.R.C.P. 120. A hearing is set.

5

Rule 120 Hearing

At this limited proceeding, the court determines whether there is a reasonable probability of default. You may file objections and respond under C.R.C.P. 120(d).

6

Order Authorizing Sale

If the court authorizes the sale, the public trustee then publishes notice of sale for 5 consecutive weeks.

7

Public Trustee Sale

The public trustee conducts a public auction, typically 45–60 days after the Rule 120 order in the saved source.

8

Public Trustee's Deed

After the sale, the ownership transfers to the highest bidder. Saved source notes Colorado does not provide a statutory post-sale redemption.

9

Post-Sale Actions

Once the sale is completed, a separate eviction (Forcible Entry and Detainer) may follow. Options after this point are limited.

10

Next Steps & Legal Advice

Review every notice carefully and, if litigation or a TRO is part of your plan, consult a licensed Colorado attorney. We are a document preparation service, not a law firm.

Local Resources

Assistance Options in El Paso County & Colorado

These county-level resources can support you while you work through the Colorado non-judicial process. We are a document preparation service, not a law firm.

El Paso County Public Trustee

  • Manages the non-judicial foreclosure process
  • Receives NED filings
  • Conducts the public trustee sale

Colorado District Court

  • Hears the Rule 120 proceeding
  • May grant an Order Authorizing Sale
  • Venue for any separate civil action

County Recorder / Clerk

  • Confirms recorded notices and title records
  • Official recording details for your property

Housing Counselors & Attorneys

  • HUD-approved housing counseling
  • Licensed Colorado attorney review
  • Legal aid for eligible homeowners

Note: These resources are provided for general reference. Your specific county offices, hearing venue, and sale location depend on your own case and the notices you receive. Your situation may benefit from a licensed attorney or housing counselor.

Paperwork Preparation

Documents to Have Ready for Review

Organizing your paperwork ahead of time helps us respond to your questions and prepare documents more efficiently. Bring or send copies of anything you have.

Foreclosure Notices

  • Notice of Election & Demand (NED)
  • Combined Notice
  • Rule 120 notices
  • Notice of Sale

Loan & Mortgage Documents

  • Deed of trust
  • Promissory note
  • Recent mortgage statements
  • Loan modification paperwork

Court & Rule 120

  • Rule 120 motion and notices
  • Any court orders or filings
  • Public trustee correspondence

Financial Information

  • Income and pay stubs
  • Bank statements
  • Tax returns
  • Hardship explanation

Cure Statement & Records

If you are exploring the right to cure, you may request a cure statement from the public trustee detailing the exact amount needed. Keep your NED, notices, and payment records together.

Common Questions

Colorado Foreclosure FAQs

Disclaimer: This page is provided for general informational purposes and does not constitute legal advice. We are a document preparation service and are not a law firm. Laws can change and every situation is different. For answers about your specific case, consult a licensed Colorado attorney or a qualified housing counselor. Foreclosure timelines and statutory rules are summarized only and are not a substitute for professional guidance.

Let's Review Your Paperwork

Reach out today and we'll help you organize your Colorado foreclosure-related documents before the Rule 120 hearing and sale.