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.
THERE IS NO REASON TO CONTRACT WITH A 3RD PARTY TO OBTAIN THE FUNDS YOU ARE OWED. IT COSTS YOU NOTHING TO CLAIM YOUR OVERBID FUNDS. CALL 520-6780 OR 520-6787, OR EMAIL EFORECLOSURES@ELPASOPUBLICTRUSTEE.COM
If you are the holder of a junior lien on a property with overbid funds, you may claim those funds, up the amount of your lien, by filing an intent to redeem with this Office within 8 business days after sale. The cost of filing the intent is $50. You do not need to actually redeem to collect the overbid funds.
Persons who may have funds due: James E. Killebrew
GAIRC Enterprises LLC
David R. Garza
Clair J. Harper
Theresa M. Ferguson
Robert H Duke III and Nancy M Duke
Lancaster-4539 Land Trust
2727 North Tejon, LLC
Wanda L Fraka and Wade T Fraka
Lance C Hall and Harmoni E Kleiss
Pamela K Rowland
Investment One, LLC
Marites J Bjorndahl and Don E Bjorndahl
John H O'Brien and Simone O'Brien
Estate of Loretta I Knowles
Jason A Boyce and Joelle R McMahon
Thomas Bernard Schmidt
Thomas M Hammond III
Steve A Hovind
Scott T Beahm
Leona L Tripp
Pedro S Aguon and Carmen S Aguon
Estate of Nan S Scranton
Estate of James M Stanich
Joseph P W Vigil and Dorothy A Vigil
Sean E Youngs and Melissa D Youngs
George W Hill
Estate of Matthew D Stutz
Philip Scott Dowdall
Estate of Toshiko Rooker
Shayne B Miai
James L and Elaine S Stemen
Michael T Garcia
Estate of Cheryl Simco
Estate of Saundra S Greathouse
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.
IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
Colorado Attorney General Federal Consumer Financial Protection Bureau
1300 Broadway, 10th Floor P.O. Box 4503
Denver, Colorado 80203 Iowa City, Iowa 52244
(800) 222-4444 (855) 411-2372
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.