Intent to Redeem
The only parties legally allowed to file an Intent to Redeem are junior lien holders as defined in 38-38-100.3 (11). Intents to Redeem must be filed with The Office of the Routt County Public Trustee within eight (8) business days after the sale.
Please consult your legal advisor for advice on any lien you may have.
NOTE: Due to significant changes in the law, the way in which a foreclosure is processed depends on the date the Notice of Election and Demand was recorded by the Routt County Clerk and Recorder to start the action. Please speak to a member of the Public Trustee staff for more information about filings where the Notice of Election and Demand was recorded before January 1, 2008.
It depends on when the Notice of Election and Demand (NED) was recorded:
Junior lien holders who have filed an Intent to Redeem will be advised of the time period in which to redeem by the Public Trustee's office. Intents to Redeem are prioritized in the order they are recorded. If the last day of a redemption period is a business day that falls on a legal holiday, or a day the Routt County Administration and Courts facility is closed, the period is extended to the next business day.
If you have any questions concerning the rights of an entity, please consult your legal advisor.
A redemption amount is the amount necessary to pay off the Deed of Trust in default.
The Public Trustee's foreclosure files do not contain these figures unless an Intent to Redeem has been filed. The Public Trustee requests and receives figures from the foreclosing attorney for the lender or the overbidder at the time of the sale.
See the "NOTICE" Misstatement of Redemption Amount notice document at the bottom of this page.
Junior Lien Holder Redemption
To exercise a right of redemption, a junior lien holder must properly file an Intent to Redeem with the Public Trustee eight (8) business days after the sale. A lien holder Intent to Redeem form is available for download or from the Bradford Publishing Company form Number 979. (see bottom of page for additional information)
When filing the intent, the lien holder must include the original or a certified copy of the lien and any recorded assignments of the lien. The fee to file a lien intent is $50. For HOA liens, please see our HOA Intent to Redeem policy and form at the bottom of this page.
Junior lien holders who have filed an Intent to Redeem will be advised of their redemption period by the Public Trustee's office. Intents to Redeem are prioritized in the order they are recorded. The most senior lien holder may redeem fifteen (15) to nineteen (19) business days after the sale, but no later than noon on the final day. Subsequent lien holders each have five (5) business days after the senior lien holder's period, but must redeem by noon on the final day.
Certificate of Purchase
If you are the successful bidder, you may be asked to provide a Statement of Redemption. If this office is unable to reach you, or you do not provide a Statement of Redemption, we will calculate figures. You will be asked to provide the Public Trustee’s office with paid receipts as evidence of your payment of allowable expenses by the legal deadline.
Certificate of Redemption
A Certificate of Redemption is executed by the Public Trustee and recorded with the Routt County Clerk and Recorder after a redemption has occurred.
A Public Trustee's Confirmation Deed is issued when all redemption periods are over and title has vested in the redeeming party.
If an overbid has occurred at the sale, you may be eligible for overbid funds after all redemption periods have expired. Overbid funds are disbursed as follows:
- To the foreclosing lender to the extent of any deficiency bid.
- Next to junior lien holders whose lien was of record when the Notice of Election and Demand was recorded, who filed a Notice of Intent to Redeem and whose lien has not yet been redeemed.
- Finally to the property owner as of the recording of the Notice of Election and Demand.
Note: A lien holder who accepts a short redemption before the end of all applicable redemption periods shall not be entitled to any excess proceeds. Unclaimed excess proceeds will be held for five years before being turned over to the Great Colorado Payback
Homeowner Association (HOA) Intent to Redeem
In addition to the $50 filing fee and items listed above, the HOA Intent to Redeem must include:
- Certified copy of recorded notice of lien and Recorded Declarations.
- Ledger of fees
- Certified copy of recorded assignment of lien, if applicable
- Notarized affidavit from the HOA officer or their attorney stating the amount that is super lien vs. junior lien.
Upon receiving a valid Intent to Redeem from a junior lienor, the Public Trustee will request a signed and notarized Redemption Statement from the holder of the Certificate of Purchase. The Redemption Statement must comply with C.R.S. § 38-38-302 and must be filed with the Public Trustee within 13 days after the sale. If not timely filed, the Public Trustee will calculate the amount necessary to redeem, C.R.S. § 38-38-302(3)(b)