Filing a Foreclosure

All filings submitted by an attorney or pro se will be proofread for completeness and accuracy in accordance with the referenced statutes.

When the filing is complete and accurate:

  • The Notice of Election and Demand (NED) will be recorded within ten (10) business days
  • The submitter will receive a notice when the filing has been accepted
  • Electronically recorded documents that are required to be returned will be sent via email
  • If an error is found, the entire file will be rejected for corrections to be made. When the file is complete and accurate, the NED will be recorded ten (10) business days from the receipt of the corrected filing
  • A deposit of $650 - or the amount of the fee permitted pursuant to 38-37-104(1)(b)(I), whichever is greater - is required

In the event that we need to return the original documents, we ask that you include instructions with your initial packet and one of the following:

  • A self-addressed, stamped envelope of sufficient size for documents
  • A prepaid label for shipment (FedEx, UPS, etc.)
  • Please advise if you prefer to have the documents returned by courier. Provide the proper procedures

Electronic Filings Through Government Technology Systems, LLC. (GTS)

For more information about this system, contact Public Trustee and ask for Foreclosures 970-453-3440. Filings must meet all the statutory requirements of 38-38-101 (1) - (10). The following requirements are added to the statutory requirements:

  • Memo of Understanding to establish an ACH account for payment of fees. Please contact our office for instructions
  • Scanned documents must be complete with regard to the number of pages. Each page must be complete and legible
  • Social Security Numbers or other sensitive information related to the borrower must be redacted
  • Mailing lists must match the names uploaded in the system. The public trustee is no longer required to be on the mailing list
  • Mailing lists must have an address listed for occupant and lessee CRS 38-38-100.3 (14) (d)
  • A legal description longer than four lines must be submitted as an Exhibit A in Word file format and as a separate document in Tiff format
  • A separate document stating the name and address of the current owner of the property. If we can’t verify the address from the Deed of Trust, please don’t add it to the NED
  • All documents must be submitted in PDF file. As well the NED submitted as two copies, Word and PDF. Except for any exhibits which must be submitted in MS Word file format

Note: The Combined Notice for mailing and publication will be created with our software unless you add language that is not in our database. If our software doesn’t support fields for the added language, you will need to provide a Combined Notice in Word format. Examples of fields not included in our software are loan modifications and recording in different counties. The Combined Notice is in Word format so the information can be added as it appears on the NED. Our software generates the Certificate of Purchase and Confirmation Deed. That information will not appear, so it must be included as a reference in the legal description field.