To get a Colorado Public Trustee sale authorized, you prepare and file the Rule 120 foreclosure hearing forms in the district court of the county where the property sits: a Motion for Order Authorizing Sale, a sworn affidavit of military service status, and a Notice of Hearing. The petitioner’s filing fee is $224.1Colorado Judicial Branch. List of Fees Rule 120 motions cannot be e-filed, so the packet goes to the clerk in person or by mail, and the Notice of Hearing must reach every interested party at least 14 days before the hearing date.
What the Rule 120 Packet Does
A Colorado non-judicial foreclosure runs through the County Public Trustee, but the Trustee cannot conduct the sale without a court order under Colorado Rule of Civil Procedure 120. The Rule 120 motion is a separate, limited proceeding that runs alongside the Public Trustee track after the Notice of Election and Demand is recorded. The court answers two questions and only two: is there a reasonable probability that the borrower defaulted, and does the Servicemembers Civil Relief Act bar the sale? Equitable defenses and the fairness of the loan terms are not on the table at this stage.
Because the signed Order Authorizing Sale must reach the Public Trustee at least 16 calendar days before the scheduled sale date, and the sale is set 110 to 125 days after the NED is recorded (215 to 230 days for agricultural property), the court filing has to be timed to land the hearing well inside that window.
Information to Gather Before You Draft
Errors on the forms are the most common reason a motion stalls or gets denied. Pull the following before you start:
- The legal description of the property, copied exactly as it appears on the recorded deed of trust. A wrong lot number or missing subdivision reference is enough to derail the filing.
- The original loan terms from the promissory note: principal amount, interest rate, and maturity date.
- The specific date of the first missed payment or other breach of the deed of trust.
- An itemized outstanding balance: remaining principal, accrued interest, late fees, property-preservation costs, and any advances the lender made for taxes or insurance.
- Names and last-known addresses for the borrower, any co-borrowers, junior lienholders (including second-mortgage holders and HOAs with unpaid assessments), and other parties with a recorded interest.
- The borrower’s military service status. Run a single-record request through the Department of Defense SCRA verification portal at scra.dmdc.osd.mil, which checks against DEERS, and save the status report.
One federal timing rule sits behind everything: a mortgage servicer cannot make its first foreclosure filing until the borrower is more than 120 days delinquent, counting from the first missed payment. Confirm that threshold is met before you file.
Completing the Motion for Order Authorizing Sale
The Motion for Order Authorizing Sale is the primary document. It asks the court to confirm that the lender has the right to sell the property through the Public Trustee. On the form you enter the legal description of the property, the borrower’s name and address, the evidence of default, and the loan’s financial details from the itemization above. The motion must be signed by the lender’s attorney or an authorized representative of the lending institution.
An affidavit of military service status has to accompany the motion. Under the Servicemembers Civil Relief Act, when a defendant does not appear in a civil proceeding, the plaintiff must file an affidavit stating whether the defendant is in military service, is not in military service, or that the plaintiff cannot determine the status. Attach the SCRA status report from the DoD portal as the supporting documentation.
Keep the pleading focused. Rule 120 is not a full civil complaint, and adding claims for a personal money judgment or other relief belongs in a judicial foreclosure, not here. A judicial foreclosure uses a standard civil complaint and is the right vehicle when the deed of trust lacks a power-of-sale clause or the lender wants a deficiency reduced to judgment in the same case.
Completing the Notice of Hearing
The Notice of Hearing tells the borrower and every other interested party when and where the Rule 120 hearing will take place. It must include the physical address of the district court, the hearing date and time, and a statement that the borrower may file a response contesting the motion.
Anyone who wants to oppose the motion files a verified response using form JDF 621 (Verified Response to Rule 120 Notice), available on the Colorado Judicial Branch website, along with a $222 respondent filing fee. That response is due no later than seven days before the hearing. Reference the response deadline on the Notice so recipients see it clearly.
Filing With the District Court
File the motion, affidavit, and Notice of Hearing in the district court of the county where the property is located. The petitioner’s filing fee is $224.1Colorado Judicial Branch. List of Fees
A detail that trips up both attorneys and self-represented filers: Colorado Courts E-Filing (CCE) is currently available only for domestic relations and eviction cases, so Rule 120 motions cannot be filed electronically through CCE.2Colorado Judicial Branch. E-Filing for Non-Attorneys Submit the packet in person at the district court clerk’s office or by mail. If filing in person, bring the original motion plus enough copies for each party you must serve. If filing by mail, include a self-addressed stamped envelope so the clerk can return your file-stamped copy.
Serving the Notice on Interested Parties
After filing, the Notice of Hearing has to be served on the borrower and every other interested party at least 14 calendar days before the hearing date. Service is typically handled by the lender’s attorney or a process server using first-class mail to each party’s last-known address. File proof of mailing with the court. Without that proof in the record, the judge has no way to confirm notice was properly given, and the motion will not move forward.
What Happens After You File
If no verified response is filed by the seven-day cutoff, the court can review the motion on the papers and enter the Order Authorizing Sale without holding a hearing.3Colorado Judicial Branch. Information for Rule 120 Respondents If a response is filed, the hearing goes forward on the two narrow questions the court is allowed to consider.
Once signed, the Order Authorizing Sale must be delivered to the Public Trustee, together with the lender’s signed and itemized bid form, by noon two business days before the scheduled sale date. Miss that delivery deadline and the sale gets postponed. Because the same order also has to reach the Public Trustee at least 16 calendar days before the sale, work backward from the sale date when you calendar the hearing: the hearing needs to be scheduled far enough in advance to leave room for the seven-day response window, entry of the order, and delivery to the Trustee inside both deadlines.