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Chapter 8 - EXHIBIT 8D • JUDGMENT AND DECREE OF FORECLOSURE
Jurisdiction | Colorado |
DISTRICT COURT, [county] COUNTY, STATE OF COLORADO [court's address] | ▲ COURT USE ONLY ▲ |
Plaintiff: [plaintiff's name] v. Defendants: [defendants' names]; and all unknown persons who claim any interest in the subject matter of this action | |
Attorney: [attorney's name and registration number] [law firm's name] [address] Phone Number: Fax Number: Email: | Case No.: [case number] Division: [division] Courtroom: [courtroom] |
JUDGMENT AND DECREE OF FORECLOSURE |
THE COURT FINDS:
1. This Court has jurisdiction over this matter and all parties.
2. The real property affected by this action is described as follows: [legal description], also known as [street address] ("Property").
3. Each of the Defendants has been properly served.
4. [With respect to any defaulting defendants, add: Defendant (name) has failed to file an answer or otherwise plead in this matter. A default was entered against Defendant (name) on (date).]
5. [If applicable, add: Defendants (name) and (name) appeared at the trial and presented evidence of their interests in the Property.]
6. [If applicable, add: Defendant (name) has filed a disclaimer.]
7. None of the parties in this action is a minor, an incapacitated party, an officer or agency of the State of Colorado, or in the military service.
8. Defendant [name of defendant] is in default under the terms of the Promissory Note described in the Complaint.
9. The sum of $__________ in principal and as of [date], the sum of $__________ in accrued interest are due and owing on the Note.
10. The Note is secured by the Deed of Trust described in the Complaint.
11. The Deed of Trust is a valid lien on the Property and is a prior and superior lien to the interests and liens of all the Defendants named in this action.
12. Because of the default under the Note, Plaintiff, as the holder of the Note, has exercised its right to foreclose the Deed of Trust, and is entitled to an award of reasonable attorney fees and costs of the foreclosure.
13. Defendant [name of defendant], as the owner of the Property, has a right to cure the monetary defaults.
14. No evidence has been presented with regard to the liens recorded by Defendants [names of defendants]; the Court finds, on the basis of the allegations in the Complaint, that these Defendants hold valid liens junior to Plaintiff's lien and, upon compliance with the applicable statute, they may cure pursuant to C.R.S. § 38-38-104 and redeem in...
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Request your trial- Colorado Quiet Title Actions (CBA)
- Chapter 8 Judicial Foreclosures
- Chapter 8 - CHAPTER 8 JUDICIAL FORECLOSURES
- Chapter 8 - § 8.1 • INTRODUCTION
- Chapter 8 - § 8.2 • INITIATING JUDICIAL FORECLOSURE
- Chapter 8 - EXHIBIT 8A • CIVIL CASE COVER SHEET
- Chapter 8 - EXHIBIT 8B • COMPLAINT FOR FORECLOSURE PURSUANT TO RULE 105
- Chapter 8 - EXHIBIT 8C • NOTICE OF COMMENCEMENT OF ACTION (LIS PENDENS)
- Chapter 8 - EXHIBIT 8D • JUDGMENT AND DECREE OF FORECLOSURE
- Chapter 8 - EXHIBIT 8E • SHERIFF'S COMBINED NOTICE
- Chapter 8 - EXHIBIT 8F • SHERIFF'S NOTICE OF SALE
- Chapter 8 - EXHIBIT 8G • REPORT AND RETURN OF SHERIFF
- Chapter 8 - EXHIBIT 8H • CERTIFICATE OF MAILING
- Chapter 8 - EXHIBIT 8I • NOTICE OF INTENT TO CURE
- Chapter 8 - EXHIBIT 8J • SHERIFF'S CERTIFICATE OF PURCHASE
- Chapter 8 - EXHIBIT 8K • SHERIFF'S DEED
- Chapter 8 - EXHIBIT 8L • BID
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