NOTICE TO AN OWNER IN FORECLOSURE:
IF YOUR PROPERTY GOES TO FORECLOSURE AUCTION SALE AND IS PURCHASED FOR MORE THAN THE TOTAL OWED TO THE LENDER AND TO ALL OTHER LIEN HOLDERS, PLEASE CONTACT THE PUBLIC TRUSTEE'S OFFICE AFTER THE SALE BECAUSE YOU MAY HAVE FUNDS DUE TO YOU.
Persons who may have funds due: James E. Killebrew
Nancy A. Havran
GAIRC Enterprises LLC
David R. Garza
Clair J. Harper
Theresa M. Ferguson
Lancaster-4539 Land Trust
Jim Y. Park
Kiowa Property Services, LLC
IN ADDITION, BE AWARE THAT OWNERSHIP OF THE PROPERTY WILL NOT TRANSFER AWAY FROM YOU UNTIL AT LEAST 8 BUSINESS DAYS AFTER THE ACTUAL FORECLOSURE SALE, WHICH MAY OCCUR AT A DATE LATER THAN THE INITIAL SALE DATE INDICATED ON THE MAILED NOTICE YOU RECEIVE FROM THIS OFFICE. THERE IS NO REASON TO VACATE YOUR HOME PRIOR TO THE ACTUAL FORECLOSURE SALE.
SEE THIS BROCHURE FOR MORE ON YOUR RIGHTS AS A PROPERTY OWNER OR AS A TENANT: Homeowner and Tenant Help
The El Paso County Public Trustee has been protecting the rights of borrowers, lenders, and lienholders since 1894. The Office of the Public Trustee is fully funded by fees collected for services provided. Any such funds received in excess of operating expenses are turned over to the El Paso County general fund, after ensuring the maintenance of an operational reserve, as required by law.
The El Paso County Public Trustee’s office serves the citizens of El Paso County as defined in the Colorado Revised Statutes. The Public Trustee manages the release of deeds of trust and foreclosure of deeds of trust on properties within El Paso County. We administer these processes in a professional manner adhering to the guidelines and timelines set by the Colorado Revised Statutes.
The Office of the Public Trustee is committed to:
- Processing all releases of deeds of trust in an accurate, timely fashion in accordance with Colorado law.
- Protecting the rights of borrowers, lenders, and lienholders.
- Providing service and education regarding foreclosure proceedings
The Colorado General Assembly established the office of the Public Trustee in each county of the state to provide for a system of checks and balances between the borrower and the lender. All deeds of trust given to secure indebtedness on real estate shall name as trustee such Public Trustee who acts as an intermediary between the borrower and the lender. Colorado's public trustee approach to the borrower/lender relationship is unique among the 50 states. Colorado's foreclosure statutes, as interpreted by the courts, have provided a reasonably quick and inexpensive process for the lienor to exercise its rights and remedies, while affording the owner of the property a fair opportunity to protect his or her interest.
Ample rights of cure are afforded the owner of the property being foreclosed as well as rights of redemption to each junior lienor having a recorded interest in the property being foreclosed. To provide a foreclosing party certainty in its remedies, requirements and deadlines must be met by all parties or the owner’s and lienors’ rights will be extinguished. It is the responsibility of the Public Trustee’s office to ensure that the owners, junior lienors and lenders understand the Public Trustee’s process and to ensure that each party complies with the statutes.
In the largest counties in Colorado, including El Paso, the Public Trustee is appointed to a four year term by the Governor. In other counties, the elected Treasurer is the Public Trustee for the concurrent term. The powers and duties of the office of Public Trustee and procedures for the operation of the office are defined in Title 38 of the Colorado Revised Statutes. The areas covered include:
- Foreclosures of Deeds of Trust
- Releases of Deeds of Trust
The Public Trustee does not:
- Give legal advice – contact an Attorney.
- Handle Tax Sales – contact the County Treasurer at 719-520-7900.
- Release private trustee mortgage transactions.
- Handle Federal Auctions, such as HUD or VA.
- Have information regarding liens on foreclosed property – contact the Clerk and Recorder at 520-6200.
- Have access to the foreclosed property.