Clerk & Recorder System Outage

Marriage License, Civil Union, Recording Services, and Recorded Document Search Web Application Unavailable Wednesday, May 22, 5:00 p.m. through Thursday, May 23.
Due to a system upgrade, marriage license, civil union, and recording services at the Clerk & Recorder Office in Avon, Eagle, and El Jebel will be temporarily unavailable Wednesday, May 22, 5:00 p.m. through Thursday, May 23. Online recording services and the Recorded Document Search web application will also be unavailable.

Public Trustee

Contact Us

  • Phone: 970-328-8870
    Fax: 970-328-8879

    Public Trustee
    500 Broadway
    P.O. Box 1229
    Eagle, Colorado 81631

    publict@eaglecounty.us


Homeowners in Foreclosure

FORECLOSURE INFORMATION

The role of the Eagle County Public Trustee is to record foreclosure documents and to administer the process in a legal and transparent manner.

The Public Trustee Can:                                                                 

  • Explain the foreclosure process to homeowners   
  • Provide a list of outside resources for homeowners
  • Provide foreclosure cure (paying off the debt) information to homeowners

The Public Trustee Cannot:

  • Provide legal advice to homeowners
  • Administer debt mitigation agreements
  • Administer appeals                                                                      

    More Information

    You may check the status of your foreclosure file at any time by accessing our foreclosure database.

    Timeline
    If a loan is in default and the lender chooses to foreclose, they submit a foreclosure packet to the Public Trustee. Once received, our office has ten business days to review the file for completeness and accuracy. If the file is correct we will start the foreclosure by recording a Notice of Election and Demand (NED). Within twenty calendar days of recording the NED we will mail the Combined Notice, which includes the Notice of Sale and Notice of Rights, to all interested parties. As a homeowner, you will receive a copy in the mail.

    The Combined Notice will include the scheduled sale date and publication dates for the property. The scheduled sale date will be set between 110 to 125 calendar days from the date the NED was recorded. The first publication in the Eagle Valley Enterprise will occur between 45 and 60 calendar days prior to the first scheduled foreclosure sale date. Publications will be done for five consecutive weeks. Near the time of the first publication, a second Combined Notice will be sent to all interested parties.

    If the required sale documents are received from the foreclosing attorney (and no postponement notification is received from the foreclosing attorney), the sale will occur as listed on the Combined Notice.

    Homeowner Rights
    As a homeowner you have the right to Cure, or bring current, the amount of the loan in default. You can do so by filing a Notice of Intent to Cure with the Public Trustee’s office. 

    A Notice of Intent to Cure must be received in the Public Trustee’s Office at least 15 days prior to the scheduled foreclosure sale date. If the Notice of Intent to Cure is filed in a timely manner, the homeowner has until 12 p.m. (noon) the day before the scheduled sale to cure the foreclosure by paying the amount due.  Payment must be in certified funds made payable to the Eagle County Public Trustee.

What happens when you file an Intent to Cure?

  1. Once a homeowner has filed an intent to Cure, this office will contact the lender's attorney to obtain current cure figures.
  2. The foreclosing lender's attorney is required to supply cure figures to our office within ten business days but no later than seven days prior to the sale at auction.
  3. This office will then contact the homeowner with the cure figures.  The homeowner will be contacted via email and mail, as listed on the Intent to Cure form submitted.
  4. Once the homeowner has been given the cure payment figures, it is the responsibility of the homeowner to remit the correct payment to this office (The Public Trustee) by the deadline provided in order to stop the auction of the property. 

In the meantime, this office recommends that the borrower contact their lender directly to advise them that the property was cured.  The borrower should:

  1. Supply the lender with the date cured.
  2. Supply the lender with the amount of the cure.
  3. Send a copy of the cure receipt provided by this office to the lender.
  4. Ask the lender to supply a new updated mortgage statement, including due date, address to where new payments should be mailed and the amounts of the next payment.

Cure payments must be made in the form of certified check, cashier's check, teller's check or draft denominated as an official check that is a teller's check or cashier's check as defined in the Colorado UCC, or in the form of cash or electronic funds transfer.  You will never be instructed to go to another financial institution or location to deposit or deliver funds.  You will never be asked to have the funds credited to anyone other than the Eagle County Public Trustee.

We strongly encourage  you to contact this office via phone at 970-328-8870 to confirm wiring instructions or any other instructions you have been given when curing your foreclosure.  

 **Notice to an Owner in Foreclosure:  If your property goes to foreclosure auction sale and is purchased for more than the total owed to the lender and to all other lien holders, please contact the Public Trustee's office after the sale because you may have funds due to you.**

Foreclosure Sale

Colorado no longer has an Owner Redemption period, so when a home is sold at foreclosure sale the homeowner no longer has ownership in the property. Once the sale is complete, the Public Trustee’s role is concluded. Our office cannot offer advice regarding vacating the home or the eviction process. 

If the borrower believes that a lender or servicer has violated the requirements for a single point of contact in Section 38-38-103.1 or the prohibition on dual tracking in section 38-38-103.2, the borrower may file a complaint with the Colorado Attorney General, the Federal Consumer Financial Protection Bureau, or both. The filing of a complaint will not stop the foreclosure process. 

Colorado Attorney General 
1300 Broadway, 10th Floor
Denver, Colorado  80203
800-222-4444
www.coloradoattorneygeneral.gov  

Federal Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa  52244
855-411-2372
www.consumerfinance.gov  

Resources:

In addition to calling or emailing our office, we can offer the following resources: