Colorado homeowner guide

Notice of Default in Colorado: What It Means and What to Do

By Jeff Phillips, Vindicator Solutions · Updated October 2026

In Colorado, the document most people call a “Notice of Default” is officially the Notice of Election and Demand. It is the paperwork that starts a foreclosure — and it also starts a clock you can still beat.

Watch: **Foreclosure in Denver? What Homeowners Need to Know Before It’s Too Late** (22:38) — Jeff Phillips with Kiki the Property Dominator. More videos →

What the Notice of Election and Demand is

When a homeowner falls far enough behind, the lender (usually through its attorney) files a Notice of Election and Demand with the Public Trustee in the county where the home sits. The Public Trustee records it, and from that moment the foreclosure is officially underway and part of the public record.

Because it is public, this is usually when the letters, postcards and knocks on the door start. Some of those contacts are helpful; some are not. Anyone who asks you for money upfront to “save” your home is a red flag.

What happens next

A sale date is set. For most homes, the Public Trustee schedules the foreclosure sale 110 to 125 days after the notice is recorded. Property that qualifies as agricultural gets a longer window of 215 to 230 days.
You get mailed notices. The Public Trustee mails a combined notice explaining the sale date and your right to cure the default. The sale is also published in a local newspaper.
The lender goes to court. Before the sale can happen, the lender must get a court order authorizing it (a “Rule 120” hearing). You have the right to respond.
The sale happens unless the default is cured, the loan is worked out, the home is sold, or the sale is otherwise stopped or postponed.

Your deadlines

To cure — pay what is needed to bring the loan current and stop the sale — you must file a Notice of Intent to Cure with the Public Trustee at least 15 calendar days before the sale, and the cure money is due by noon the day before the sale. Your county’s Public Trustee can confirm the exact dates for your file.

Options you still have

Catch up with savings, family help, or a short-term bailout or second-lien loan from a private lender.
Work it out with your servicer — a repayment plan, forbearance or loan modification. A free HUD-approved housing counselor can help; call the Colorado Foreclosure Hotline at 1-877-601-4673.
Sell on your own terms before the sale, so the equity goes to you instead of a bidder at auction.
Get legal advice if you think the foreclosure has errors or you are considering bankruptcy.

Common questions

Is a Notice of Default the same as a Notice of Election and Demand?

In Colorado, yes in everyday use. The official document that starts a foreclosure through the Public Trustee is the Notice of Election and Demand; many people and mailers call it a Notice of Default.

How long do I have after the notice is recorded?

For most homes the sale is set 110 to 125 days after recording (215 to 230 days for agricultural property). Sales can be postponed, so check your file with your county’s Public Trustee.

Can I still keep my house?

Often, yes — by curing the default before the deadline, working out a plan with your servicer, or using a private loan to catch up. The earlier you start, the more options you have.

This guide is general information, not legal, tax or financial advice. Foreclosure dates and rules can change — confirm your situation with your county Public Trustee, a HUD-approved counselor (1-877-601-4673), or a Colorado attorney.