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Foreclosure and tax sales in Colorado

What our research shows about Colorado's rules. General information with sources — not legal advice, and not a reading of your papers.

BasicThe essentials, each with its source. General deadlines only.Research last reviewed 2026-09-22
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How foreclosure works

Usual process
Nonjudicial (out of court)

Run by the county public trustee, with a short court hearing (C.R.C.P. Rule 120) to authorize the sale.

From a reputable summary[1][2]
Allowed processes
Judicial (through court) · Nonjudicial (out of court)
From a reputable summary[1]
Main statutes
Colo. Rev. Stat. § 38-38-101; Colo. Rev. Stat. § 38-38-102.5; Colo. Rev. Stat. § 38-38-103; Colo. Rev. Stat. § 38-38-104; Colo. Rev. Stat. § 38-38-108; Colo. Rev. Stat. § 38-38-302; C.R.C.P. 120
From a reputable summary[1]
Typical length (estimate)
Not researched yet for this state.

The usual timeline

  1. +At least 120 days

    Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind

    Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.

    Checked against the official text12 CFR § 1024.41(f)(1)
  2. +At least 30 days

    Notice of default / right to cure — at least 30 days before the next step

    At least 30 days after the default and 30 days before filing the Notice of Election and Demand, the lender must mail a notice with foreclosure-prevention information. A single point of contact is required by day 45 of delinquency, and dual tracking is restricted.

    From a reputable summary

  3. Notice of sale — at least 110 days before the sale

    The public trustee sets the first sale date no less than 110 and no more than 125 calendar days after the Notice of Election and Demand is recorded (215–230 days for agricultural property). The combined notice is mailed twice and published.

    Checked against the official textC.R.S. §§ 38-38-104, 38-38-108
  4. +At least 110 days

    Foreclosure sale

    Checked against the official textC.R.S. §§ 38-38-104, 38-38-108

  5. No right to redeem after the sale

    No owner redemption after a public-trustee sale (some junior lienholders may redeem). After an HOA foreclosure the owner has 180 days.

    From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notices and the sale

Notice before foreclosure
At least 30 daysAt least 30 days after the default and 30 days before filing the Notice of Election and Demand, the lender must mail a notice with foreclosure-prevention information. A single point of contact is required by day 45 of delinquency, and dual tracking is restricted.

Colo. Rev. Stat. §§ 38-38-102.5, 38-38-103.1, 38-38-103.2

From a reputable summary[1]
Notice of sale
At least 110 daysThe public trustee sets the first sale date no less than 110 and no more than 125 calendar days after the Notice of Election and Demand is recorded (215–230 days for agricultural property). The combined notice is mailed twice and published.

C.R.S. § 38-38-108(1)(a)

Checked against the official text[3][1]
Publication
Combined notice mailed within 20 days of recording and again 45–60 days before the sale; published in a newspaper.
From a reputable summary[1]
When sales happen
Not researched yet for this state.

Your rights before and after the sale

Catching up (reinstatement)
File a notice of intent to cure with the public trustee no later than 15 calendar days before the sale; then cure by 12:00 noon the day before the sale.

C.R.S. § 38-38-104

Checked against the official text[3][1]
Buying the home back (redemption)
NoNo owner redemption after a public-trustee sale (some junior lienholders may redeem). After an HOA foreclosure the owner has 180 days.

C.R.S. § 38-38-302

From a reputable summary[1][2]
Owing money after the sale (deficiency)
YesAllowed; the lender has six years to sue. The lender must bid a good-faith estimate of fair market value, which the court considers when setting the deficiency.

C.R.S. §§ 4-3-118, 38-38-106

From a reputable summary[1]
Mediation
Not researched yet for this state.
HOA foreclosures
After an HOA foreclosure sale the owner gets a 180-day redemption period.
From a reputable summary[1]

Property tax sales

Tax sale system
Tax lien certificate sale
From a reputable summary[4]
How it works
Taxes become delinquent June 16; the county treasurer sells tax liens (certificates of purchase) at auction on or before the second Monday of December. Since July 1, 2024 (HB 24-1056) a certificate holder must ask for a public auction of the property rather than simply receiving a deed.
From a reputable summary[4]
Redeeming after a tax sale
Three years after the tax lien sale; the certificate holder may then apply for a public auction (between 3 and 15 years after purchase).

C.R.S. § 39-11.5-102

From a reputable summary[4]
Relief programs
Not researched yet for this state.
Payment plans
Not researched yet for this state.
Surplus after a tax sale
Changed after Tyler v. Hennepin County (2023).HB 24-1056 (effective July 1, 2024) requires a public auction and pays the overbid to the former owner — you must claim it from the treasurer.
From a reputable summary[4]

Bankruptcy exemptions

Federal exemption list
State list only (opted out)

This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.

From a reputable summary[5]
Homestead exemption
$250,000 ($350,000 if 60+ or disabled)Up to $250,000 of equity in the home you occupy; $350,000 if the owner, spouse or dependent is 60+ or disabled. Sale proceeds are protected for 3 years if kept separate.(Colo. Rev. Stat. § 38-41-201)
From a reputable summary[6]

Where to get free help

Free legal aid (LSC-funded)
Checked against the official text[8]
Legal help website
Checked against the official text[9]
State housing agency
Checked against the official text[7]
Attorney general / consumer protection
Checked against the official text[10]
Court self-help
Checked against the official text[11]
HUD-approved housing counselors
HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Sources

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.

  1. [1]Nolo — Colorado Foreclosure Laws and Proceduressummary
  2. [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
  3. [3]Colorado Revised Statutes 2024, Title 38 (official uncertified printout, Office of Legislative Legal Services)C.R.S. §§ 38-38-104, 38-38-108official
  4. [4]Nolo — Colorado property tax lien salessummary
  5. [5]Nolo — Federal Bankruptcy Exemptions — which states allow the federal list11 U.S.C. § 522(b)(2)summary
  6. [6]Asset Protection Planners — Homestead Exemptions by U.S. State and Territory (2026 chart with statute cites)summary
  7. [7]CHFA: Colorado Housing and Finance Authority (CHFA) (official site, checked live)official
  8. [8]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
  9. [9]Legal Help for Low-Income Coloradans | Colorado Legal Services (official site, checked live)official
  10. [10]Consumer Protection - Colorado Attorney General | Colorado Attorney General | Colorado Att (official site, checked live)official
  11. [11]Home | Colorado Judicial Branch (official site, checked live)official