Notice Prior to Residential Foreclosures

Lenders preparing to foreclose on residential property should beware of a special notice requirement under Colorado law.  At least thirty days before filing the foreclosure, and at least thirty days after default, the foreclosing lender must mail a notice to the original grantor of the Deed of Trust at the address in the recorded Deed of Trust (or the last address shown in the holder’s records).  The notice must contain the telephone number of the Colorado foreclosure hotline and the direct telephone number of the foreclosing lender’s loss mitigation representative or department.

This notice can be provided by the Lender before sending the foreclosure case to the foreclosure attorney.  The foreclosure attorney can also send the notice, but the foreclosure attorney must wait the required thirty days before filing the foreclosure action

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