The public trustee system
Colorado secures real estate loans with a deed of trust, and it handles the trustee differently from other deed of trust states. The trustee named in the document is commonly a county official, the public trustee, where elsewhere it would be a private company or an individual.
When a borrower defaults, the foreclosure generally runs through the public trustee’s office, with a limited court step that authorizes the sale. That places it somewhere between a full lawsuit and a purely private sale. A court foreclosure is also available. Take this as a general description and ask a Colorado attorney or title company how the process stands today and how it applies to your document.
Who holds notes in Colorado
Along the Front Range, in Denver, Aurora, Colorado Springs, Fort Collins and Pueblo, the note holder is likely to have sold a house or a small rental and carried the loan for the buyer. On the Western Slope, around Grand Junction, Montrose and Delta, it may be a farm, an orchard or a home on acreage.
Then there is the land. Small parcels have been sold on installments across the San Luis Valley counties of Costilla and Alamosa and in Park County, and a vacant land note of that kind carries a modest balance and, in some cases, a payer who lives in another state. Mountain cabins and second homes make up another group, some of them sold by owners who have since left Colorado.
What a buyer prices in
A note buyer is purchasing your future payments. They decide the return they need on their money and pay the amount that produces it, which is why an offer sits below the balance owed.
A set process handled by a public office gives buyers a fair idea of what a default would involve, so it is the property, more than the document, that sets one Colorado note apart from the next.
- Water. In a dry state, a buyer asks whether the land has a well, a well permit, a tap or nothing. Water rights in Colorado are a legal subject of their own.
- Access. Some mountain and valley parcels sit on roads that are not plowed or maintained.
- Use. A year-round home, a seasonal cabin and a bare lot are different risks.
- Down payment. On a land note, the money the payer has put in is a strong reason for them to keep paying.
None of this shows in the note itself, so describe the property when you request a price for your Colorado note.
Check the trustee named in your deed of trust
When you sell, the deed of trust is assigned to the buyer along with the note, so the buyer reads it first. Look at your recorded copy and confirm two points: that it shows it was recorded, and that it names the public trustee of the county where the property lies.
If either is missing, or the trustee named is a private party, say so at the start. It may be nothing more than an older form, and a Colorado title company can tell you whether anything needs correcting before a sale.