Colorado § 38-38-102.5 Notice prior to residential foreclosure - hotline

Colorado Statutes

§ 38-38-102.5 — Notice prior to residential foreclosure - hotline

Colorado § 38-38-102.5

Title 38Property -

Art.Foreclosure Sales

This text of Colorado § 38-38-102.5 (Notice prior to residential foreclosure - hotline) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-38-102.5 (2026).

Text

(1)As used in this section, holder means the holder of an evidence of debt constituting a residential mortgage loan, as defined in section 12-10-702 (21), or that holder's loan servicer or other person acting on the holder's behalf. Holder shall not include a person whose only activity as a holder is as the seller in not more than three credit sales or loans per year.

(2)At least thirty days before filing a notice of election and demand and at least thirty days after default, the holder shall mail a notice addressed to the original grantor of the deed of trust at the address in the recorded deed of trust or other lien being foreclosed and, if different, at the last address shown in the holder's records, containing:

(a)The telephone number of the Colorado foreclosure hotline;

Free access — add to your briefcase to read the full text and ask questions with AI

(1) As used in
this section, holder means the holder of an evidence of debt constituting a
residential mortgage loan, as defined in section 12-10-702 (21), or that holder's loan
servicer or other person acting on the holder's behalf. Holder shall not include a
person whose only activity as a holder is as the seller in not more than three credit
sales or loans per year.

(2) At least thirty days before filing a notice of election and demand and at
least thirty days after default, the holder shall mail a notice addressed to the
original grantor of the deed of trust at the address in the recorded deed of trust or
other lien being foreclosed and, if different, at the last address shown in the
holder's records, containing:

(a) The telephone number of the Colorado foreclosure hotline;

(b) The direct telephone number of the holder's loss mitigation
representative or department; and

(c) A statement that, under section 6-1-1107, C.R.S., it is illegal for any person
acting as a foreclosure consultant to charge an up-front fee or deposit to the
borrower for services related to the foreclosure.

(3) (a) This section shall apply only to a default consisting solely of the
failure of the original grantor of the deed of trust to make one or more required
payments.

(b) With respect to defaults on the same obligation, after the holder has once
given the original grantor of the deed of trust a notice as specified in subsection (2)
of this section, this section imposes no limitation on the holder's right to foreclose
with respect to any subsequent default that occurs within twelve months after such
notice.

Legislative History

Source: L. 2001: Entire section added, p. 447, � 1, effective January 1, 2002. L. 2006: Entire section repealed, p. 1481, � 39, effective July 1. L. 2008: Entire section RC&RE, p. 2258, � 1, effective June 5. L. 2009: (2) and (3) amended, (HB 09-1207), ch. 164, p. 708, � 5, effective January 1, 2010. L. 2014: (2) amended, (HB 14-1295), ch. 157, p. 546, � 2, effective January 1, 2015. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1725, � 239, effective October 1.