• Notice of Election and Demand (NED).
• Original or Certified Evidence of Debt with all assignments/endorsements.
• Original or Certified Deed of Trust.
• Initial Mailing list (followed by a supplemental mailing list no later than 60 days prior to the originally scheduled sale date).
• Deposit of $450.00 or an ACH agreement with the office.

(Please refer to CRS §38-38-101 which sets out in detail the specific documentation to be submitted to the office of the Public Trustee.)

The documents must be submitted by a Colorado-licensed attorney representing the lender of the loan in default. The Public Trustee records the Notice of Election and Demand (NED) within ten business days after receiving the documents from the lender’s attorney. Recording of the NED starts the foreclosure process.

The Combined Notice of Sale and Right to Cure and Redeem is sent to the parties on the Initial Mailing List no more than 20 calendar days after recording of the NED. The Combined Notice must be mailed again to persons on the supplemental mailing list 45 to 60 calendar days prior to the first scheduled sale date. The Combined Notice is published for five consecutive weekly publications unless a longer period is specified in the Deed of Trust or other lien being foreclosed.

The Public Trustee sets the sale date to be not less than 110 calendar days and not more than 125 calendar days from the date of recording of the NED for residential properties. For agricultural properties, the sale date is set not less than 215 calendar days nor more than 230 calendar days.

A listing of all foreclosures going to sale is available for viewing at the Public Trustee office or on the El Paso County Public Trustee web site. Foreclosure sales are conducted each Wednesday promptly at 10:00 a.m. at the office of the El Paso County Public Trustee at 105 E. Vermijo Avenue, Colorado Springs, CO. Parties interested in bidding must be personally in attendance at the sale and bid at least $50.00 over the lender’s submitted bid. Cash or certified funds for the full amount of the bid must be tendered to the Public Trustee at the time of sale.

After the Public Trustee is assured that funds are collected by it, a Certificate of Purchase will be issued by the Public Trustee and recorded at the office of the El Paso County Clerk & Recorder. The original Certificate of Purchase will be retained in the Public Trustee’s office. There will be no duplicate Certificate of Purchase and the successful bidder will not receive a Certificate of Purchase from the Public Trustee office. A copy of the recorded Certificate of Purchase can be purchased at the office of the El Paso County Clerk & Recorder. After all redemption periods have expired, a Public Trustee’s Confirmation Deed will be issued. The interest under the Certificate of Purchase is fully assignable in writing. Written Assignments of the Certificate of Purchase should be recorded prior to being provided to the Public Trustee so that an accurate Confirmation Deed may be issued.