State Foreclosure Law

Colorado Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for Colorado.

Process
Non-Judicial
Out of court, under a power of sale §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
$250,000 generally; $350,000 if the home is occupied by an owner, owner's spouse or owner's dependent who is 60 or older or disabled
Automatic · the rule §
Deficiency Judgment
Limited
Allowed (with limitations) §
17 source pages cited · Last checked Mar 10, 2026
Not legal advice. This page provides general information about Colorado foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Colorado-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Colorado foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
C.R.S. § 38-38-100.3 et seq. Colorado Foreclosure Law Public trustee foreclosure process, notice of election and demand, notice of sale, cure and redemption rights
C.R.S. § 38-35-109 Release of Deed of Trust Requirements for release and reconveyance after satisfaction
C.R.S. § 38-22-101 et seq. Mortgage Law Mortgage instruments, assignments, foreclosure by judicial action
C.R.S. § 13-40-104 Unlawful Detainer (Eviction After Foreclosure) Post-foreclosure eviction process and tenant protections

Colorado Foreclosure Process and Your Rights

Colorado uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: For a payment default, an eligible person, including the owner, can cure by filing a written notice of intent to cure with the Public Trustee no later than 15 calendar days before the sale, then paying the cure amount by 12 noon on the day before the sale. If the sale is continued to a later date, the deadline to file a notice of intent to cure may also be extended. §
  • After the sale: No post-sale redemption for the owner after an ordinary mortgage or deed-of-trust foreclosure. Eligible junior lienholders can redeem 15 to 19 business days after the sale, and after an HOA assessment-lien foreclosure the unit owner can redeem between 35 and 180 days after the sale. §
  • Homestead exemption: $250,000 generally; $350,000 if the home is occupied by an owner, owner's spouse or owner's dependent who is 60 or older or disabled §
  • Mediation: Colorado does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Colorado foreclosure guide →

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Regulatory Oversight & Complaint Filing

Colorado homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
Colorado Division of Banking (Colorado DORA)
File a complaint →
Attorney General — Consumer Protection
Colorado Attorney General — Consumer Protection Section
Consumer protection information →
Housing Finance Agency
Colorado Housing and Finance Authority (CHFA)
Phone: 303-297-7410

Special Foreclosure Types in Colorado

Beyond the standard non-judicial foreclosure process, Colorado law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Colorado HOAs and condominium associations foreclose assessment liens through a court action, in like manner as a mortgage on real estate; if the court forecloses the lien, it orders the unit sold at auction. §
Before filing, the association must meet statutory conditions: the assessments owed must equal or exceed six months of common expense assessments, the executive board must vote to authorize the action against the specific unit, and, for a unit that is the owner's principal residence, the association generally must first obtain a personal judgment against the owner or meet another listed condition.

Lien Priority in Colorado

Colorado follows a race-notice recording statute. A deed of trust that is recorded first and for which the lender paid value without actual or constructive notice of a prior unrecorded interest takes priority over that prior interest.

Statute of Limitations in Colorado

Mortgage Foreclosure
6 years §
Under C.R.S. § 13-80-103.5(1)(a), actions to enforce rights set forth in an instrument securing a debt, such as a deed of trust, must be brought within six years after the cause of action accrues; a claim for a debt accrues when the debt or payment becomes due (C.R.S. § 13-80-108(4)). Deeds of trust more than 6 years past due without payment or acknowledgment may be subject to limitations defenses.
Written Contracts
3 years §
Deficiency Judgment
Varies §
We found no 90-day or other special deadline for a deficiency suit in Colorado's foreclosure statutes (C.R.S. title 38, article 38). Colorado's general six-year limit covers actions to recover a liquidated debt or a determinable amount of money and actions to enforce an instrument securing a debt (C.R.S. § 13-80-103.5(1)(a)); a Colorado attorney can say which limit applies to a particular deficiency claim.

Probate & Inheritance in Colorado

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Colorado law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
The Combined Notice and NED must be mailed to the borrower at their last known address.
Heir Protections
Heirs who inherit and occupy the property may qualify as confirmed successors in interest under CFPB Regulation X (12 CFR 1024.31).

Consumer Protection & Compliance in Colorado

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Colorado.

Mortgage Relief Scam Protections
State law specifically addresses mortgage relief scams.
Attorney Advertising Rules
Colorado Rules of Professional Conduct (Colo. RPC 7.1-7.5) govern attorney advertising, including foreclosure defense attorneys. §
Lead Generation Restrictions
Colorado's Consumer Protection Act (C.R.S. § 6-1-101 et seq.) prohibits deceptive practices in trade or commerce, including foreclosure rescue services.

Legal Aid & Pro Bono Resources in Colorado

  • ⚖
    Colorado Legal Services
    Area served: Statewide — free civil legal help for low-income Coloradans, including foreclosure defense. Offices in Denver, Colorado Springs, Pueblo, Grand Junction, Fort Collins, and other locations.
    coloradolegalservices.org →
  • ⚖
    Colorado Volunteer Lawyer Resource (CVLR)
    Area served: Denver metro and select other areas — pro bono legal assistance for low-income individuals.
    coloradolegalservices.org →
  • ⚖
    Colorado Bar Association — Lawyer Referral Service
    Area served: Statewide attorney referral service; initial consultations available for reduced fees.
    cobar.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Colorado. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Colorado →
  • 📞
    Colorado Attorney General Mortgage Fraud Information Center
    For people who feel they were defrauded by a mortgage broker, foreclosure rescue company, or loan modification firm. Published on the Colorado Judicial Branch foreclosure FAQ.
    (800) 222-4500 →
  • 📋
    Colorado Bar Association — Lawyer Referral Service
    State bar lawyer referral service.
    cobar.org →

Find Help in Colorado

We maintain a verified directory of free and low-cost help providers in Colorado. All are government-approved or federally funded.

22 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 41 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 48 Debtor education providers Required post-filing debtor education courses

Browse all 112 providers in Colorado →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Colorado.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Colorado Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Colorado homeowners:

Foreclosure Filings
National trend
National foreclosure filings. Colorado mainly uses non-judicial foreclosure (trustee's sales outside court).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in Colorado? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in Colorado

General information, not legal advice.

🛟
Free help also exists in Colorado: the Colorado Attorney General Mortgage Fraud Information Center at (800) 222-4500, or a HUD-approved housing counselor at no cost.