Chapter 24 - § 24.4 • COMBINED NOTICE

• Jurisdiction: Colorado

§ 24.4 • COMBINED NOTICE

§ 24.4.1—In General

The 2006 amendment provides for a combined notice of sale, right to cure, and right to redeem.¹⁴⁴ The combined notice must contain the following:¹⁴⁵

• The names of the original grantors of the deed of trust being foreclosed and the beneficiaries thereof;
• The name of the holder of the evidence of debt;
• The recording date, county, book, and page or reception number of the recording of the deed of trust;
• The amount of the original principal balance of the secured indebtedness.
• The amount of the outstanding balance of the secured indebtedness as of the date of the notice of election and demand;¹⁴⁶
• A description of the property;¹⁴⁷
• A statement of whether the property described in the notice of election and demand is all or only a portion of the property then encumbered by the deed of trust being foreclosed;¹⁴⁸
• A statement of the violation of the covenant of the evidence of debt or deed of trust being foreclosed upon which the foreclosure is based (this statement does not constitute a waiver of any right accruing on account of any violation of a covenant of the evidence of debt or deed of trust other than the violation specified in the notice of election and demand);
• The name, address, business telephone number, and bar registration number of the attorney for the holder of the evidence of debt, which may be indicated in the signature block of the notice of election and demand;¹⁴⁹
• The statement: A notice of intent to cure filed pursuant to C.R.S. § 38-38-104 shall be filed with the officer at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued;
• The statement, which must be in bold: If the sale date is continued to a later date, the deadline to file a notice of intent to cure by those parties entitled to cure may also be extended;
• The statement: A notice of intent to redeem filed pursuant to C.R.S. § 38-38-302 shall be filed with the officer no later than eight business days after the sale;
• The date to which the sale has been continued pursuant to C.R.S. § 38-38-103(2)(a);
• The date of sale determined pursuant to C.R.S. § 38-38-108;
• The place of sale determined pursuant to C.R.S. § 38-38-110; and
• The statement as required by C.R.S. § 24-70-109: The lien being foreclosed may not be a first lien.

A legible copy of C.R.S. §§ 38-37-108, 38-38-104, 38-38-301, 38-38-302, 38-38-304, 38-38-305, and 38-38-306 must be sent with all notices.¹⁵⁰

§ 24.4.2—Public Trustee Foreclosure

No more than 20 calendar days after the recording of the notice of election and demand, the public trustee must mail a combined notice to the persons set forth on the mailing list.¹⁵¹

No more than 60 calendar days nor less than 45 calendar days prior to the first scheduled date of sale, the public trustee must mail a combined notice to the persons as set forth in the most recent amended¹⁵² mailing list.¹⁵³

§ 24.4.3—Judicial...