Foreclosure Attorney in Denver: Stop Foreclosure, Save Your Home!
Losing your home is one of the most stressful and painful events you can face. It’s made all the worse when the confusion and jargon of foreclosure threaten to overwhelm you.
The question is, how do you stop foreclosure? At the Law Office of Clark Daniel Dray, our foreclosure attorneys in Denver know that foreclosure relief can be hard to find. We offer mortgage solutions to help homeowners hold onto their homes.
Our foreclosure attorneys are some of Denver’s best-trained mortgage and debt relief lawyers. From pre-foreclosure to bankruptcy and deed in lieu of foreclosure, we provide solutions for clients facing delinquent mortgages, tax liens, even lawsuits over unpaid debts.
What is foreclosure?
A Foreclosure is a legal term that refers to the process through which a creditor who owns a mortgage on your property seeks to sell it to settle or repay past-due obligations.
The most typical reason for foreclosure is noncompliance with the conditions of a promissory note. Consequently, you (the homeowner) lose ownership of your property. A foreclosure might also harm your future credit eligibility.
The most prevalent kind of foreclosure in Colorado is via the Public Trustee. The Public Trustee is a government-appointed individual tasked with the duty of managing foreclosure sales. A judicial foreclosure, which is less prevalent in Colorado, is often used to collect outstanding assessment debts owing to homeowners associations.
How are mortgages in Colorado foreclosed?
In Colorado, the principal foreclosure technique is referred to as non-judicial foreclosure. This sort of foreclosure does not need judicial intervention but does require notification of intent to foreclose, known as an election to foreclose. When the trust deed is originally signed, it will often include a provision known as a power of sale clause, which empowers the trustee to sell the property to settle the underlying defaulted debt in the event of default. The trustee is a component of municipal governance in Colorado and is administered by the Office of Public Trustee.
The Public Trustee serves as the lender’s agent in effecting the sale, normally conducted at a public auction. Since this is a non-judicial remedy, extremely strict notification requirements apply, and legal papers must include the power of sale wording to employ this kind of foreclosure.
Requirements for Power of Sale Notices:
- Before doing any foreclosure, the lender must submit a Notice of Election and Demand with the county’s public trustee.
The Public Trustee is required to register this notification in the recorder’s office within ten business days following its filing. The notice must then be published five times a week in a general circulation newspaper in the county where the property is located. The notice must be sent to the defaulting borrower at least twenty days after the initial publication.
Additionally, a notice of sale must be registered with the county recorder in the county where the property is situated.
- A notice of sale, as detailed above, must include particular information, including the following:
- location of the sale
- a description of the default
- the lender’s intention to sell
- and the deed of trust’s recording information.
The property owner may terminate the foreclosure procedure by submitting a notice of intent to cure with the Public Trustee at least (15) fifteen days before the foreclosure auction, provided that the loan is brought current by noon on the day of the scheduled sale date.
- Foreclosure sales must occur within 45-60 days of filing the Notice of Election and Demand.
Before the sale auction date, a process called a Rule 120 hearing must be held to evaluate if the foreclosure filing is legally adequate. If the defaulting borrower does not react to the notification of this hearing, the hearing may be canceled.
In Colorado, lenders may also file a judicial foreclosure action, in which the court must issue a final judgment of foreclosure. If the deed of trust excludes language authorizing the lender to sell the property, the lender must pursue judicial foreclosure.
A court-supervised foreclosure procedure is often used to foreclose mortgages secured by real property that secure the debt of the underlying lending transaction. This is a more common occurrence in eastern states. Non-judicial foreclosure is an alternate mode of foreclosure that includes out-of-court processes often administered by a trustee.
The asset is then sold at a publicly advertised auction. In court, a complaint is submitted with what is known as a lis pendens. A lis pendens is a documented document that notices the public that the property is about to be repossessed.
What legal documents constitute a Colorado mortgage or deed of trust?
The papers are referred to as a deed of trust or a security agreement in a business transaction. Occasionally, the mortgage and security agreement are merged. Alternatively, a mortgage is recorded to establish the underlying debt and repayment conditions specified in the note.
How long does it take to foreclose on a property in Colorado?
Depending on the timing of the many statutory notifications, an uncontested non-judicial foreclosure typically takes between 60 and 70 days to complete. This procedure may be slowed down if the borrower files a lawsuit, requests sales delays and postponements, or declares bankruptcy.
How a Foreclosure Lawyer in Denver, Colorado can help?
After assessing your financial condition, we will work with you to develop the best approach for you and your family. It will be tailored to your specific requirements and may involve debt restructuring, debt settlement, foreclosure, or bankruptcy. A Chapter 13 bankruptcy may be the best option for homeowners who are underwater on both their main and secondary mortgages. In certain situations, a good bankruptcy plan may eliminate the second debt, enabling the homeowner to maintain their house and get back on track financially.
Our lawyers have over years of combined experience in foreclosure law and know how to help you get out of debt and into a healthier financial future. With skilled and compassionate foreclosure defense working for you, you may have peace of mind knowing that a new beginning is just around the corner.
Takeaway: If you’re in foreclosure and need help, contact the foreclosure attorneys at The Law Offices of Clark Daniel Dray today!
Foreclosure can be difficult to navigate, especially when you are feeling deprived of your rights. Clark Daniel Dray is dedicated to protecting these rights. If you are in foreclosure, don’t hesitate to get in touch with our experienced and knowledgeable foreclosure attorneys for assistance today. You may be eligible for some protections, help with the foreclosure process, or other options that could have a significant impact on your life and property. Let us protect you. Contact our bankruptcy law firm before this situation gets any worse.