If there is no deficiency, the "overbid" in excess of the amount owed to the foreclosing lender is distributed first to junior lienholders (in order of lien priority, up to the amount of the lien) who file a timely intent to redeem and and do not have their lien redeemed.  Any remaining overbid funds are paid to the owner of record at the time the notice of election and demand was recorded to begin the foreclosure. 

• The Public Trustee cannot accept late notice of intent to cure forms.
• It is suggested that you file your notice of intent to cure as early as possible.
• Once your cure figures expire, you may request updated cure figures up until the notice deadline.
• Please provide a phone number and either a fax number or email address where we may contact you.

Certain lienors with liens with priority junior to the deed of trust foreclosed (generally those liens recorded after the foreclosed trust deed) have the right to redeem. In order to redeem, a junior lienor must have a mortgage, deed of trust, a lien created or recognized by State or federal statute, or a judgment from a court of competent jurisdiction. The lien must have been recorded prior to the recording of the Notice of Election and Demand. An owner's association may have redemption rights without the separate recording of a lien.

How to File a Notice of Intent to Redeem by Junior Lienor

The holder of a junior lien must file Notice of Intent to Redeem with the office of the Public Trustee, and pay the $50.00 fee for each Notice of Intent to Redeem. The Notice of Intent to Redeem must be filed no later than 8 business days after the sale.

The Notice of Intent to Redeem must have attached to it a copy of the recorded instrument(s) that provide evidence of the lien and any assignment of the lien with evidence of recording affixed by the county clerk and recorder's office and an affidavit of the lienor, signed by the redeeming lienor or the lienor's attorney, setting forth the amount required to redeem such lienor's lien. Please Note: An agent for the lien holder cannot sign a Notice of Intent to Redeem.

Upon receipt of a Notice of Intent to Redeem, the Public Trustee will request a Redemption Statement from the holder of the Certificate of Purchase, stating the amount required to redeem.  That redemption statement must be received by close of business on the 13th business day after sale, or the Public Trustee will generate a redemption statement and send it to the redeeming lienholder.  The statement may include costs and expenses actually incurred which are permitted by C.R.S. §38-38-302 (3) for which the Certificate of Purchase holder has filed with the public trustee receipts or invoices evidencing such costs and expenses incurred after the purchase at sale, except that a Qualified Holder is not required to provide receipts or invoices.  The Redemption Statement may be amended up until 2 days before the start of the first redemption period.



Junior lienors are entitled to redeem in the order of seniority as shown by the County Clerk and Recorder’s records based on the recording of the instruments demonstrating their liens. The first (most senior in priority based on the recorded documents) junior lien holder may redeem from 15 to 19 business days after the sale, and each subsequent junior lien holder then has five additional business days to redeem the property. Redemption funds, in the form of cash or certified funds, must be received by 12 noon on the final day of the redemption period.

Certificate of Lienor

When a lienor makes the redemption payment to the Public Trustee, if there are additional redemption periods the payment must be accompanied by a Certificate of Lienor stating the amount owing on such lien through the end of the next redemption period and the per diem interest rate.  This certificate may be amended to include costs and expenses actually incurred which are permitted by C.R.S. §38-38-302 (6) for which such lienor has filed with the public trustee receipts or invoices evidencing such costs and expenses incurred after the redemption payment, as long as the amended certificate of lienor is delivered no later than 2 days before the start of the next redemption period.

The fee for a Lienor Redemption is $30.00, plus a recording fee of $11.00 for the first page of the Certificate of Redemption and $5.00 for each additional page. A Deed is issued to the last redeeming junior lien holder after the expiration of all redemption periods.

The fee for a Deed is $30.00, plus a recording fee of $11.00 for the first page of the Deed and $5.00 for each additional page.

The Public Trustee makes no representations, warranties or promises of any kind about the physical condition or status of title of property being foreclosed. It is your responsibility to do your own research before coming to the sale. The Public Trustee does not promise that the trust deed being foreclosed is a first lien. A Public Trustee Deed contains no warranty of title. The Public Trustee does not check whether taxes have been paid or if there are other liens against the property.

You can obtain the foreclosure sale number of the property by looking it up at the Public Trustee's office, in the Notice of Sale published in the newspaper or on this website.

Sale Instructions

Public Trustee foreclosure sales are held on Wednesdays, promptly at 10:00 a.m., in the offices of the El Paso County Public Trustee, 105 E. Vermijo Avenue, Colorado Springs, CO (except when Wednesday is a holiday). Prospective bidders should check in at the sale at approximately 9:45 a.m. to allow time for completion of a bidder information sheet.

Your bid must start at $50.00 over the bid from the foreclosing lender; full sale policies and procedures are posted under foreclosure reports.

If you are the highest bidder, funds must be tendered at the time of sale. Per statute (C.R.S. 38-37-108), all payments made for redemption, cure, or purchase at sale “shall be in the form of cash, electronic transfer to an account of the public trustee available for such purpose, or certified check, cashier’s check, teller’s check, or draft denominated as an official check that is a teller’s check or a cashier’s check as those terms are defined in and governed by the “Uniform Commercial Code”, title 4, C.R.S., made payable to the public trustee, and certified or issued by a state-chartered bank, savings and loan association, or credit union licensed to do business in the state of Colorado or a federally chartered bank, savings bank, or credit union.”

Some Important Facts

For foreclosures whose Notice of Election and Demand was recorded after January 1, 2008, the owner of the property at the time of sale has no further rights to the property. The property sold at a Public Trustee foreclosure sale can be redeemed by certain lien holders. If redemption occurs, the purchaser at sale will be paid the bid amount plus interest at the default rate specified in the evidence of debt secured by the deed of trust being foreclosed, plus certain other expenses described by Colorado Revised Statutes §38-38-301. Should there be no redemption, a Confirmation Deed for the property will be issued to the purchaser at sale upon request, the expiration of all redemption periods, and payment of the required fee and recording costs.