Colorado Code § 38-38-102.5

Notice prior to residential foreclosure - hotline
Open in Lexace · Ask the AI about this section
(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.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.