Bidding at a Foreclosure Sale
It is your duty to do research before coming to the sale to bid on a residential or commercial property. The general public Trustee can not and does not ensure that the deed of trust being foreclosed is a very first lien - it could be a 2nd or 3rd lien. The Public Trustee does not understand the condition of the residential or commercial property, or if the residential or commercial property taxes or evaluations have been paid or if there are any other liens against the residential or commercial property. If you do not know how to examine the "condition of title" or the "chain of title" to the residential or commercial property, you might wish to work with someone to do the research for you.
You can obtain the foreclosure case number for the residential or commercial property by looking it up at our site, Foreclosure Search.
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On Tuesday, 2 days before sale, we will have published in our office by approximately 2:00 p.m. listing of residential or commercial properties scheduled to go to sale that week (Thursday). The loan provider's written bid is needed to be provided, in writing, to the general public Trustee prior to the publishing of the Pre-Sale Continuance List (foreclosure search, foreclosure reports). The quotes are public information and you may search our foreclosure search, sale details, bid, to see the opening bid quantity. Bids received from the lending institutions might be changed at the time of sale so long as the loan provider's agent is personally present at sale and re-executes the changed composed quote.
Be encouraged: The lender or its attorney, or the general public Trustee, might pull or continue a residential or commercial property from the sale list at any time up till the sale starts Thursday morning.
Sign in on sale day:
The Clear Creek County Public Trustee holds foreclosure sales on Thursday's quickly at 11:00 a.m. - Sales are held at the Clear Creek County Treasurer & Public Trustee's Office, in the Clear Creek County Courthouse, 405 Argentine Street, Georgetown, Colorado. See Map (PDF)
If you mean to bid on a residential or property, you should come to the office about 15 to 20 minutes early to finish a Bidder Information Form (PDF) with your name, address, etc. This info will be used for the Certificate of Purchase, please make certain it is accurate and clear.
Those thinking about bidding should personally attend the sale. We do not take over-bids by phone, fax or email. If you are appearing at the sale to bid on behalf of somebody other than yourself or another entity that you do not own or control, you need to have actually composed authorization, a letter of firm notarized pursuant to CRS 15-14-607, and verbally state that your quote is being entered upon behalf of that other individual or entity at the time the bid is made.
Bidding at the sale proceeds in increments of $5.00 - if the lender has submitted a bid for $150,000.00, for instance, you should bid at least $150,005.00 in order to be the successful bidder.
You will likewise be required to have sufficient funds with you to bid on the residential or commercial property. Payment of effective bid amounts need to be made in the kind of an official bank cashier's check or certified check. Checks need to be payable only to the "Clear Creek County Public Trustee". We can decline 3rd party checks. The general public Trustee will strike and offer the residential or commercial property to the successful bidder after bidding has actually stopped and funds have been offered.
Pursuant to laws in impact on January 1, 2008 for cases began after that date, the effective bidder will not get an initial Certificate of Purchase at the time of sale. Successful bidders will be offered with an Invoice from the general public Trustee after the sale is finished. A Certificate of Purchase will be issued in the name and address of the successful bidder as shown on your Bidder Information Form and recorded (within 5 company days) by the Public Trustee's workplace and retained in our workplace records.
As the beneficiary named in the Certificate of Purchase, you do not have immediate right of access to the residential or commercial property. A Certificate of Purchase does not move title to you, it merely evidences your financial investment made at the time of sale.
The Redemption Process:
A junior lien holder has 8 business days after the sale to file an intent to redeem. The most senior lien might redeem 15 to 19 business days after the sale, but no behind twelve noon the final day. If several lien holders file an intent to redeem, each extra lien holder will get a 5 day redemption period.
If you are gotten in touch with for redemption figures, interest is computed at the rate defined on the note and additional expenditures are restricted to those permitted by statute. Please be prepared to provide receipts for expenses incurred. Redemption figures should be received within 13 service days after the sale. The declaration needs to specify all sums needed to redeem including the quantity of per diem interest and the interest rate. The declaration might be amended up till 2 organization days before the start of the next relevant redemption period. Your statement of redemption need to abide by 38-38-302 C.R.S.
. If redemption occurs, the Certificate of Purchase holder is paid the bid quantity, interest at the rate specified in the Deed of Trust and Note being foreclosed, and any other allowed expenses as specified by Colorado Revised Statutes (receipts need to be provided) as provided in C.R.S. 38-38-107 and as included in your redemption declaration. Thereafter, upon written demand and payment of the required fees, the Public Trustee's office will release a Confirmation Deed to convey title to the last redeeming celebration.
If no Notice of Intent to Redeem is filed and no redemption is made by anybody, you should request, in writing, that our office concern your Confirmation Deed, no sooner than 15 organization days after the sale. You should pay a $30.00 cost, plus recording costs, for issuance of the taped Deed. The Confirmation Deed will be provided by the Public Trustee and recorded with the Clerk & Recorder's office. If you are the beneficiary of that Deed, you will then have ownership of the residential or commercial property.
Notice to an owner in foreclosure:
If your residential or commercial property goes to foreclosure auction sale and is acquired for more than the overall owed to the lending institution and to all other lien holders, please contact the Public Trustee's office after the sale due to the fact that you may have funds due to you.
The Public Trustee's office does not provide legal advice and we do refrain from doing any expulsion proceedings. Once the Confirmation Deed is provided by this office and tape-recorded, the Public Trustee's file is closed.