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How Do I Initiate a Foreclosure? << Back

To begin a Weld County Public Trustee foreclosure, the following must be filed in the Public Trustee’s office:

  • Cover letter to the Public Trustee requesting commencement of the foreclosure and describing the items filed with the letter;
  • $300.00 minimum deposit payable to the Weld County Public Trustee;
  • The original evidence of debt secured by the deed of trust to be foreclosed or one of the following:   A corporate surety bond (lost instrument bond) in one and one half times the face amount of the original evidence of debt issued by a company authorized to issue such bonds in the State of Colorado; or if applicable, a copy of the evidence of debt as well as a certification from the lender or the agent or attorney stating that the lender is: A qualified institution according to C.R.S. 38-38-101 (1.5); The lender is the owner and holder of the original evidence of debt; The copy of the evidence of debt is true and correct; and The use of the copy of the evidence of debt is subject to the conditions outlined by C.R.S. 38-38-101 (1.6).
  • Original or a certified copy of the deed of trust (a certified copy may be obtained from the Weld County Clerk and Recorder located at 1402 N. 17th Avenue, Greeley, Colorado); Please include assignments, releases and merger agreements if appropriate;
  • Two original signed Notice of Election and Demand forms signed by the lender or its agent or attorney, which state, in addition to other language required by statute, whether all or a portion of property currently encumbered by the deed of trust is being foreclosed and the outstanding principal balance owed on the evidence of debt secured by the deed of trust being foreclosed;
  • A notarized affidavit stating the outstanding principal balance signed by the lender or its agent or attorney; A certificate stating the name and address of the current owner of the property, each signed by the lender or its agent or attorney;
  • One copy of a Notice of Public Trustee Sale which states, in addition to other language required by statute, whether all or a portion of the property currently encumbered by the deed of trust is being foreclosed, the outstanding principal balance owed on the evidence of debt secured by the deed of trust being foreclosed, and that “the lien being foreclosed may not be a first lien,” the attorney’s name, address and telephone number must also be included. Note that Public Trustee sales are held in the Weld County Public Trustee’s Office, 809 9th Street, Greeley, Colorado. Sales are held on Wednesdays at 10:00 a.m.
  • One copy of the Cure and Redemption Rights Notice which includes the name of the owner of the evidence of debt and a sufficient number of copies of the statutes to be attached are to be mailed with the Notice; please include as many legible copies of the current statutes as we need to mail. The names, addresses and telephone numbers of the attorneys representing the foreclosing lienor should be on the Notice;
  • A certificate executed by the owner of the evidence of debt secured by such deed of trust, or its agent or attorney, which states to the best of the knowledge of the person executing such certificate the name and address of the current owner of the property described in the notice of election and demand for sale; and
  • A mailing list of the names and addresses of those (including “Occupant”) to whom all required notices are to be mailed, with two sets of stamped, addressed envelopes with our return address on them.

By noon of the day before the sale, please provide us with:

  • Bid letter
  • Order Authorizing Sale
  • Certificate of Purchase completely typed in
  • Balance of our fees
  • If subject to a bankruptcy, the Bankruptcy Court Order terminating the stay.

At the time the Public Trustee’s Deed is requested, please provide us with:

  • Letter requesting issuance of the Deed
  • The Original Certificate of Purchase
  • Any Assignments if applicable
  • lA completed Public Trustee’s Deed
  • $36.00 for a one-page Deed, plus $5.00 for each extra page.

Bradford Publishing forms may be purchased by contacting them at: (1-800-446-2831) or at their web-site at: http://www.bradfordpublishing.com.

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