The attorneys at Arant Law have extensive experience with nonjudicial foreclosure in Colorado. If you are a lender or homeowner, we have the knowledge and experience necessary to protect your interests. Please browse our selection of educational content and contact our office if you have any unresolved questions or concerns.

What is Nonjudicial Foreclosure?

A lender may use nonjudicial foreclosure when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause pre-authorizes the sale of the property to pay the loan when a borrow defaults. If the borrower defaults, the lender can foreclosure the deed of trust by means of an administrative proceeding.

Who Forecloses Deeds of Trust?

In Colorado, the governor appoints a “Public Trustee” for each county in the state. Unlike judicial foreclosures, the Office of the Public Trustee administratively forecloses all deeds of trust that name it in the instrument. The Public Trustee of the county where the property is located forecloses the deed of trust.

How Does Nonjudicial Foreclosure Differ from Judicial Foreclosure?

In deeds of trust or mortgages where a power of sale exists, foreclosure administratively occurs outside of the court system. As mentioned, the Office of the Public Trustee administratively forecloses deeds of trusts that name them as trustee. Because nonjudicial foreclosure occurs outside of the court system, such actions tend to be cheaper and quicker than foreclosure actions.

How Our Attorneys Can Help

The lawyers at Arant Law have over 30 years of experience with nonjudicial foreclosures in Colorado. If you are a homeowner or lender facing a nonjudicial foreclosure in Colorado, our attorneys are here to help. We will walk you through the process and create a course of action uniquely suited to your circumstances and goals.