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  • Beginning the Foreclosure Process

     

    A Notice of Election and Demand is recorded in the County Real Estate Records after the Public Trustee receives the required documentation from the foreclosing party or their legal advisor.
    The foreclosure notices are then mailed to all parties as required by law. See the requirements in our Attorney section: required documents by the foreclosing attorney.

    The Combined Notice, which establishes the time and place of sale, is published for five consecutive weeks. Currently, foreclosures are published in the Canyon Courier, Golden Transcript, High Timber Times, Wheat Ridge Transcript and The Denver Post. It is important to note that the property owner owns the property through the sale and is the only person who can allow access, sell or transfer title to the property.

    Foreclosure sales currently being continued may be tracked with the Jefferson County Public Trustee's Office Foreclosure Property Search.

    The Public Trustee has used all reasonable efforts to ensure that the pages and other information on this website do not contain any inaccurate or out-of-date information; however, the office makes no guarantee or warranty about the accuracy or timeliness of the data. If you believe any material contained in this webpage is inaccurate, please call 303-271-8580.

    Foreclosure documents are public records and are recorded with the Jefferson County Clerk and Recorder. Even though you may have cured your default, or the foreclosure action has otherwise been withdrawn, the records remain permanently available to the public for viewing.

    NOTE: Due to significant changes in the law, the way in which a foreclosure is processed depends on the date the Notice of Election and Demand was recorded by the Jefferson County Clerk and Recorder Please speak to a member of the Public Trustee staff for more information about filings where the Notice of Election and Demand was recorded before January 1, 2008.

    Bankruptcy

    When a bankruptcy is filed, the bankruptcy court issues a court order, called an Automatic Stay, which prevents any creditor from attempting to collect any debt from the person who declared bankruptcy. Creditors, even though they are owed money, may not undertake foreclosure, repossession, eviction or seizure.

    A bankruptcy filed by the property owner stops the foreclosure sale until one of the following occurs:

    • The automatic stay is lifted.
    • The bankruptcy court abandons the property.
    • The bankruptcy case is dismissed or closed.

     

    The bankruptcy can affect the foreclosure in different ways, depending on the date and time of the filing of the bankruptcy and where the foreclosure is in the process.


    Last Updated: 4-29-2013