Foreclosure Requirements

This is what is required to process a foreclosure request in Arapahoe County (2020):

1. The Original Notice of Election and Demand C.R.S. 38-38-102

    Notice of Election and Demand Requirements:

  • Names of Original Grantors & Original Beneficiary
  • Name of Current Holder of Evidence of Debt
  • Date & recording information of Deed of Trust
  • Original & outstanding principal balance
  • Legal Description matching Deed of Trust
  • Statement whether it’s all or a portion of the property
  • Statement of what the violation is
  • Attorney’s signature, name, address & Colorado Bar Registration Number.

2. Original Deed of Trust; a certified copy of the recorded Deed of Trust, or a copy of the recorded Deed of Trust and certification by the Qualified Holder of the Evidence of Debt or its attorney pursuant to C.R.S. 38-38-100.3 (20) and C.R.S. 38-38-101 (2) TOGETHER WITH RECORDED MODIFICATIONS OF THE Deed of Trust or recorded partial releases of the Deed of Trust, if any;

3. Original Evidence of Debt secured by said Deed of Trust or a corporate surety bond equal to one and one-half times the face amount thereof or copy of the Evidence of Debt and Certification by the Qualified Holder of the Evidence of Debt or its attorney pursuant to C.R.S. 38-38-100.3 (20) and C.R.S. 38-38-101 (2);

4. A mailing list in compliance with C.R.S. 38-38-100.3(14) of names and addresses of parties to receive notice
(Mailing List);

5. A Microsoft Word document of Exhibit A Legal Description, if applicable;

6. A Statement of Current Owner pursuant to C.R.S. 38-38-101(1)(g);

7. A Statement of Servicer Pursuant to C.R.S. 38-38-1010(1)(f.5), if applicable;

8. An Affidavit pursuant to C.R.S. 38-35-109(5), if applicable;

9. A Notice to Public Trustee Regarding Foreclosure Deferment Eligibility pursuant to C.R.S. 38-38-101(h) if applicable;

10. Deposit Check in the amount of $650.00, made payable to Arapahoe County Public Trustee, or authorization to draw that amount from an escrow account as an advance against the cost of the foreclosure; C.R.S. 38-38-101 (10) and C.R.S. 38-37-104 (1). 

Call our office for fees if the amount of the foreclosure exceeds $480,000. PT Fees need to be collected before a foreclosure can be processed.

Any unpaid balance must be paid prior to the sale date.