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Foreclosure in Colorado (Public Trustee)

Colorado uses a public trustee foreclosure system, C.R.S. 38-38-101 and following. A neutral county public trustee administers the notice, publication, and sale process for foreclosures on deeds of trust. This is distinct from purely judicial or purely private foreclosure systems used in other states, and the public trustee's role is to run the process as a neutral official.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Confirm the current rule on the official source below, or talk to a Colorado attorney.

Colorado handles foreclosures differently from many states, using a neutral county official to run the process.

The public trustee system (§ 38-38-101 et seq.)

Colorado uses a public trustee foreclosure system (C.R.S. § 38-38-101 et seq.). A neutral county public trustee administers the foreclosure process for deeds of trust — the security instrument commonly used for Colorado real estate loans.

What the public trustee does

The public trustee administers the key steps of the process, including:

  • Notice — required notices to the borrower and other interested parties.
  • Publication — public notice of the pending sale.
  • Sale — conducting the foreclosure sale itself.

The point of the system is that a neutral official, rather than the lender alone, runs the procedure. The public trustee is not the lender and not the borrower.

Because the process moves on statutory deadlines, anyone facing foreclosure should get advice early — options can narrow as the timeline runs.

For how a deed of trust gets recorded against your property in the first place, see buying and selling a home. For more statewide property basics, see the real estate hub.

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Frequently asked questions

How does foreclosure work in Colorado?
Colorado uses a public trustee system (C.R.S. 38-38-101 et seq.). A neutral county public trustee administers the notice, publication, and sale process for foreclosures on deeds of trust.
Who is the public trustee?
A neutral county official who administers the foreclosure process — handling notice, publication, and the sale. The public trustee is not the lender and not the borrower (C.R.S. 38-38-101 et seq.).
What kind of loan does this apply to?
The public trustee process applies to foreclosures on deeds of trust, the security instrument commonly used for Colorado real estate loans (C.R.S. 38-38-101 et seq.).

Sources

Related guides

  • Buying and Selling a Home in Colorado Colorado real property is conveyed by deed and recorded with the county clerk and recorder. Colorado is a race-notice recording state, so a later buyer who takes without notice of a prior unrecorded interest and records first can win. Standard residential contracts are promulgated by the Colorado Real Estate Commission, most sales use a licensed broker, and a Seller's Property Disclosure is customary.
  • Colorado Landlord–Tenant Rules: Deposits & Habitability Colorado landlords must return a security deposit, with a written statement of any deductions, within one month after the tenancy ends — unless the lease sets a longer period not to exceed 60 days. A landlord who misses the deadline forfeits the right to withhold any of the deposit, and willful wrongful retention exposes the landlord to treble damages plus attorney fees. Every residential lease also includes an implied warranty of habitability.
  • Evictions in Colorado (Forcible Entry and Detainer) Colorado eviction is called Forcible Entry and Detainer (FED). For residential nonpayment of rent, the landlord must serve a written demand for payment or possession — generally a 10-day notice for standard residential tenancies. This area was amended in 2024 and is amendment-prone, so confirm the current rule. Self-help eviction — lockouts or utility shutoffs — is illegal; only a sheriff acting on a court order may remove a tenant.
  • HOAs and CCIOA in Colorado Colorado common-interest communities — condominiums and HOAs — are governed by the Colorado Common Interest Ownership Act (CCIOA), C.R.S. 38-33.3-101 and following. CCIOA sets out association powers, owner rights, assessments, and governance for these communities, providing the statewide framework that shapes how an HOA or condo association can operate and what owners can expect.
  • Holding Title in Colorado Colorado co-owners hold title as tenants in common (the default) or as joint tenants with right of survivorship. Joint tenancy must be expressly created with words like 'joint tenants' or 'JTWROS' and is available only to natural persons. Importantly, Colorado does not recognize tenancy by the entireties — any attempt to create one is treated as a joint tenancy.

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