Foreclosure Procedures

BIDDING AT A FORECLOSURE SALE

REVISED 10/10/2013

This brief explanation is only a guideline.  We urge you to seek the advice of legal counsel if you are interested in participating in Public Trustee Sales.  You should familiarize yourself with the Colorado Revised Statutes under Title 38 governing the Public Trustee and foreclosures of deeds of trusts.
PRIOR TO THE SALE

 Combined Notices of Sale and Rights to Cure and Redeem are normally published as Legal Notices for five consecutive weeks in the Thursday editions of The Montrose Daily Press.  The sale date shown in the ad is the first scheduled sale date for the property.  The property will not be sold before that date.

Sale dates can be postponed, or "continued", at the request of the foreclosing party.  Notices of continuances are posted or announced on the scheduled sale dates.  This information is made available on the Montrose County website.

The opening bid is supplied to the Public Trustee two business days prior to the scheduled sale date.  This information is available on the Montrose County website after 1:30 PM two business days prior to the sale date.

THE PUBLIC TRUSTEE FORECLOSURE SALE

Sales are held promptly at 10:00 a.m. each Wednesday in the office of the Treasurer and Public Trustee, 320 South 1st Street, Room 106, Montrose, CO.

Cell phones should be turned off and there will be no conversation during the sale except for relaying bid amounts.

Persons desiring to bid must register with the Montrose County Public Trustee's office prior to the sale time of 10:00 a.m. At the time of registration, the bidder must supply a PICTURED ID, review the bidding process and sign an acknowledgement.

The registered bidder is required to produce payment at the time he/she is deemed the successful bidder with a Cashier’s Check made to the Montrose County Public Trustee. (if the cashier’s check is more than the actual bid a refund will be processed in three (3) business days following the sale—arrangements must be made with the Public Trustee after the close of the sale)

Once the sale and bid information are presented at the sale, the Public Trustee will entertain verbal bids by the bidder raising their hand and saying the bid.  Beginning the bids at $1.00 more than the lenders bid, from any registered bidder present is acceptable.  The bid will be repeated once by the Public Trustee and wait for additional bids.  When no other bids are verbalized, the last bidder will provide payment.

If payment is not available or not correct the sale will be continued at the bid amount prior to the last bid. When a successful bidder has produced the payment the Public Trustee Sale will be officially closed.

A Certificate of Purchase is issued in the name of the successful bidder and it is recorded in the Clerk and Recorder's office within five (5) business days.

Since a Certificate of Purchase is an assignable document, any and all assignments must be delivered to the Public Trustee.

The assignment must be recorded with the Montrose County Clerk and Recorder.

REDEMPTION

There is no owner redemption period.

Junior lienor Intents to Redeem must be filed with the Public Trustee within eight (8) business days after the sale.

CONFIRMATION DEED

If no intents to redeem are filed, title to the property will automatically vest as of the close of business in the Public Trustee's office eight business days after the sale.

If intents to redeem are filed, title will vest upon the expiration of all redemption periods allowed by law.

No less than eight business days or after the expiration of all redemption periods the Public Trustee shall execute and record a confirmation deed.