Cure a Foreclosure
Colorado Revised Statute 38-38-104 makes provisions for a property owner to cure the default on his mortgage before it goes to foreclosure sale.
*This guide has been established as an informational tool for citizens. It is not intended to serve as legal advice
This is called: Cure a foreclosure
You must file a notice of Intent to Cure (PDF) at least 15 calendar days before the date of sale in order for us to contact your lender’s attorney to request the amount necessary to bring your loan current. We will notify you with the amount to cure and the date on which payment must be received in our office. The foreclosing party must provide the cure amount to the office of the Public Trustee within 10 days of receipt of the request or at least eight calendar days prior to the sale date, whichever is earlier. Failure to provide these figures will postpone the foreclosure sale until figures are received. The foreclosure sale will be stopped when we receive the cure payment.
If the cure statement is not received by the legal deadline, the foreclosure sale date will be continued until you have been timely provided with the amount needed to bring the loan current.
The cure statement will include all sums due and owing under the term of the note and Deed of Trust, all lender fees and costs and all Public Trustee fees and costs for initiating a foreclosure action.
File Intent to Cure
The only parties who can legally file an Intent to Cure (PDF) include, but are not limited to, property owners, persons liable, a surety, guarantor of evidence of debt and junior lien holders. As specified 38-38-104(1).
- An Intent to Cure may be filed by email, fax, mail or in person at the Routt County Public Trustee’s office.
- Please provide a working phone number and/or e-mail address where we may contact you with the cure amount
- There is no fee to file; filing does not obligate the filer to cure.
- The Public Trustee cannot accept late Intent to Cure forms
- Cure funds (certified funds) must be received in the Public Trustee’s office by noon on the day before the sale.
The owner will be contacted as soon as the office of the Public Trustee receives the cure figures. The funds must be in the form of cash or certified funds. The owner must cure the default on the property by the deadline in the Cure Statement or by 12 noon on the day before the foreclosure sale, whichever is earlier.