Foreclosures, Bidding & Post Sale Process

1. Notice of Sale is mailed to all parties with a recorded interest in the property and is published for five consecutive weeks in general circulation newspapers within the county. The Notice of Sale sets out the time and date of the foreclosure sale.
2. Filing of a bankruptcy by the owner of the property stays the foreclosure until the automatic stay is lifted or the bankruptcy court abandons the property or the bankruptcy case is dismissed or closed. The foreclosure sale extends week to week until the Bankruptcy Court takes action.
3. Per Colorado State Statutes, written bids from the beneficiary (lender) must be received no later than two business days before the Public Trustee Sale. The court takes a separate action from the Public Trustee proceedings and is conducted under Rule 120 of the Colorado Rules of Civil Procedure. The only issue addressed in this action is whether there is reasonable probability of default under the Note and Deed of Trust and justification to exercise the Power of Sale allowed the beneficiary in the Deed of Trust.
4. If a written bid from the lender is not received timely for a foreclosure set to go to sale, the foreclosure sale is continued for at least one week.
5. A list of all foreclosures going to sale is available for viewing in the office of the Larimer County Public Trustee each Tuesday after 3pm. The sales list may be updated continuously right up to sale time, as sales are continued, withdrawn, stayed by bankruptcy etc. This report is also available online at this website.
6. Sales are held promptly at 10am each Wednesday (except Holidays) at 125 S. Howes, Suite 501, Fort Collins, CO.
7. Parties interested in bidding may begin bidding with at least $1.00 over the lender's bid, which is read aloud at the time of sale. The bidding is competitive and done orally, with the highest bidder getting the Certificate of Purchase.
8. All funds must be CERTIFIED FUNDS for the FULL amount of your bid must be tendered to the Public Trustee's Office by 1:00 pm the day of the sale. The interest under the Certificate of Purchase is fully assignable. Please consult your legal advisor for clarification of your rights, the rights of the homeowner and other lien holder's rights during the redemption period.

​​Helpful Links for Bidders at Sale

FAQs

  1. Before a property goes to sale, the foreclosure can be CURED by bringing the payments current. An Intent to Cure must be filed with the Public Trustee's Office (there is no cost to file) at least 15 days before the Sale is scheduled. The amount necessary to CURE a Foreclosure is determined by the lender. The money must be received by the Public Trustee's Office by noon the day before the sale. 

  2. The Larimer County Public Trustee's office is NOT tax supported in any way. The office is maintained entirely by user generated fees. Monies left over after operating expenses and special reserves are deposited into Larimer County's General Fund.

  3. The Office of the Larimer County Public Trustee does NOT conduct seminars concerning the foreclosure process. Instead, we have compiled this web site as a tool to instruct citizens interested in learning about the foreclosure process.

  4. Information concerning other liens recorded against the property can be obtained by visiting or contacting the Larimer County Clerk and Recorder, 200 W. Oak Street, Fort Collins, CO 80521, (970) 498-7860.

  5. The sales list is updated Tuesday afternoon after 3:00 pm and again Wednesday morning after the sale.

  6. The sales are conducted at 125 S. Howes, Suite 501, Fort Collins on Wednesday morning at 10:00 a.m. except county holidays.

  7. The amount bid at sale is due in full in the Public Trustee's office by 1:00 pm the day of sale. Acceptable forms of payment per statute are Cash, Cashier's Check, Electronic Transfer, or Teller's Check.

  8. A deficiency bid occurs when the foreclosing lender submits a written bid for an amount less than owed. The foreclosing lender may elect to sue the homeowner, or anyone else who signed the original promissory note (loan papers), for the amount of the deficiency (the amount owed minus the amount of the bid). Bidding at the Public Trustee sale on properties that have deficiency bids begins at one dollar over the lender bid amount. In most cases lenders file deficiency bids because the adjusted fair market value of the property is less than the amount owed to them.

  9. In the event the foreclosing lender bid less than the amount due them (a deficiency bid), the amount of the deficiency would be reduced by the funds generated by the Public Trustee sale. If the lenders bid is not deficient, and someone bids on the property in excess of the amount owed to the lender, at a Public Trustee sale, overbid funds are distributed in a prescribed order. The funds are held by the Larimer County Public Trustee until all periods of redemption have expired.