The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
Colorado Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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Colorado is a nonjudicial foreclosure state, meaning that the lender does not have to go to court to foreclose on your home. The foreclosure process moves quickly and is often completed in 4 months through a public trustee.
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.
Disadvantages to Lender A lender should also hesitate before accepting a lieu deed where there are outstanding subordinate liens or judgments against the property. In such a situation, the lender will have to foreclose its mortgage, with the attendant expense and time involved to obtain clear title.
The public trustee then sets a foreclosure sale date, which can't be less than 110 calendar days or more than 125 calendar days from when the NED is recorded.
However, Colorado nonjudicial foreclosures have a minimal amount of court involvement. After completing the required steps, the lender can sell the home at a foreclosure sale. When available, most lenders opt to use the nonjudicial process because it's quicker and cheaper than litigating the matter in court.
Nonjudicial foreclosures occur if your mortgage has a power of sale clause, and allow your mortgage company to auction off your home after a warning and waiting period. Nonjudicial foreclosures can be a faster process than judicial foreclosures as they do not involve having to go to court.
A foreclosure sale will usually not happen any sooner than 120 days after the lender has started legal foreclosure proceedings. That gives you 120 days to: bring your mortgage current, apply for a modification, or file bankruptcy. Bankruptcy can stop both a public trustee and judicial foreclosures.
A Rule 120 hearing is the result of motion that is being filed by the lender asking the District Court of the county where your house is located for an order authorizing the foreclosure sale. A Rule 120 hearing determines if the lender has the right to foreclose on the property and have it sold at a public auction.