Sale no sooner than 110 days after the notice of election and demand
Colo. Rev. Stat. § 38-38-108(1)(a)
In plain words
A Colorado public-trustee sale must be set no less than 110 and no more than 125 calendar days after the notice of election and demand is recorded (longer for farmland). The public trustee mails and publishes a combined notice that tells you about your rights, including the right to cure.
Who is protected
Colorado homeowners in a public-trustee foreclosure.
When it applies
- Only in Colorado.
- Only after a notice of default or once a sale date is set.
What you can do
Put the deadline on your calendar
Look up the recording date with the public trustee and mark the sale date.
Deadline: 110–125 days after the notice of election and demand is recorded
Open the toolRead the Colorado guide
Our Colorado page explains the whole process step by step, with its sources and free local help.
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Honest limits
- Sales can be continued (postponed), which moves the date.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawTiming of the public-trustee sale
Colo. Rev. Stat. § 38-38-108(1)(a)
Exact part: (1)(a)
What it says: A nonagricultural public-trustee sale is set 110–125 days after the notice of election and demand is recorded.
Read the official texthttps://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.pdf - State lawCombined notice to the owner
Colo. Rev. Stat. § 38-38-103
What it says: The public trustee mails and publishes a combined notice explaining the sale and the right to cure.
Read the official texthttps://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.pdf
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to cure — file a notice of intent to cure 15 days before the sale
Colo. Rev. Stat. § 38-38-104(1)
In a Colorado public-trustee foreclosure, the owner can cure the default by paying what is past due plus allowed fees and costs. To keep this right, you must file a written notice of intent to cure with the public trustee no later than 15 calendar days before the sale date. The trustee then gives you a cure statement with the exact amount and deadline.
Read this rightRight to the remaining overbid after a public-trustee sale
Colo. Rev. Stat. § 38-38-111(2)
If a Colorado foreclosure sale brings in more than the debt (an “overbid”), the public trustee holds it until redemption periods end. Junior lienholders who file on time are paid first, and then any remaining overbid must be paid to the borrower. Contact the public trustee to claim it.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right