Chapter 6 - § 6.4 INITIATING THE SHERIFF'S SALE

• Jurisdiction: Colorado

§ 6.4 INITIATING THE SHERIFF'S SALE

The sheriff's sale process should be started by contacting the sheriff's office of the county where the property is located. The process for the sale should not differ much from county to county, but it is best to find out exactly what procedures each county uses, as well as any special forms the department requires. The sheriff will also inform the lien claimant of the fees required to cover administrative costs before he or she starts a sale.

As an example, Jefferson County, as of May 2017, requires the following to proceed with a sheriff's sale based on a judicial foreclosure:

1) Certified, recorded copy of the judgment and decree;
2) Recorded copy of the lis pendens filed to start the foreclosure action;
3) Affidavit regarding homestead, if applicable;
4) Combined notice of sheriff's sale;
5) Mailing list of all interested parties;
6) One set of addressed stamped envelopes for each party listed on the mailing list;
7) One set of applicable state statutes for each party on the mailing list;
8) Certificate of purchase;
9) Report and return;
10) Sheriff's confirmation deed; and
11) Advance sheriff's fee of $120.

The sheriff's sale can be started by any of the lien claimants.¹¹ If the proper language has been used in the decree stating that the matter can proceed without levy, the process for a sheriff's sale for a judicial foreclosure should be followed.

As mentioned above, the first thing that should be done is to contact the sheriff of the county where the sale is to be held.

The sheriff will require a certified copy of the order, judgment and decree of foreclosure as well as a recorded copy of the lis pendens in the underlying foreclosure action.

The sheriff will also require a combined notice of sale and right to cure and redeem. Included at Exhibit 6A is such a form with language suited for the sale of property based on the foreclosure of a mechanics' lien. It is slightly different from the form and samples used when selling property based upon foreclosing a mortgage.

The combined notice is prepared by the attorney and submitted to the sheriff for review and signature. The combined notice must include the following pursuant to C.R.S. § 38-38-103(4):

(4) (a) The combined notices required to be mailed pursuant to subsections (1), (2), and (3) of this section must contain the following:

(I) The information required by section 38-38-101 (4);
(II) The statement: A notice of intent to cure filed pursuant to section

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