Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Colorado Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
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FAQ
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.
Rule 120 of the Colorado Rules of Civil Procedure requires the bank pursuing a nonjudicial foreclosure to ask a court to authorize the foreclosure sale. At the "Rule 120 hearing," the court determines if the bank has the right to foreclose and sell the property.
The Excess Proceeds stay in the Registry unless and until the Court orders all or a part of it to be paid to someone who proves a right to all or part of the Excess Proceeds. At the end of two years, any of the Excess Proceeds remaining in the Registry are paid to the state.
On , the ?Colorado Foreclosure Protection Act? was signed into law creating new restrictions and concerns for investors buying property from a Seller in the foreclosure process.
Trustees forward surplus funds to the state's unclaimed property division if they're not able to contact the prior homeowner(s). Californians may inquire about unclaimed surplus funds with the California State Controller at 1 (800) 992-4647. Remember: prior homeowners are notified of possible surplus funds via mail.
When a foreclosure sale results in surplus funds (money over and above what's needed to pay off all the liens on the property), this extra money belongs to you (the homeowner), not the lender.
In general, if no other liens or claims exist, the owner of the property which is sold at auction has the right to collect any surplus funds after foreclosure. However, if any liens or claims exist, they would have priority over the owner of the property to the surplus foreclosure funds.
