When a lender decides to proceed with a foreclosure on a property, the following documents are required:

1.  (C.R.S. 38-38-102) The Original Notice of Election and Demand (NED) containing the following:
   • Names of Original Grantors & Grantees
   • Name of Holder of Evidence of Debt
   • Date & recording information of Deed of Trust
   • Original & outstanding principal balance
   • Legal Description matching Deed of Trust
   • Statement whether it’s all or a portion of the property
   • Statement of what the violation is
   • Attorney’s name, address & Colorado Bar Registration Number
2. Original Deed of Trust, a certified copy of the recorded Deed of Trust, or a copy of the recorded Deed of Trust and certification by the Qualified Holder of the Evidence of Debt or its attorney pursuant to C.R.S. 38-38-100.3 (20) and C.R.S. 38-38-101 (2) TOGETHER WITH ANY RECORDED MODIFICATIONS of the Deed of Trust or recorded partial releases of the Deed of Trust, if any
3. Original Evidence of Debt secured by said Deed of Trust, or a corporate surety bond equal to 1.5 times the face amount thereof, or a copy of the Evidence of Debt and Certification by the Qualified Holder of the Evidence of Debt or its attorney pursuant to C.R.S. 38-38-100.3 (20) and C.R.S. 38-38-101 (2);
4. A Mailing List in compliance with C.R.S. 38-38-100.3(14) of names and addresses of parties to receive notice;
5. A Statement of Current Owner pursuant to C.R.S. 38-38-101(1)(g);  
6. A Statement of Servicer pursuant to C.R.S. 38-38-101(1)(f.5), if applicable;
7. An Affidavit pursuant to C.R.S. 38-35-109(5)(b)(IV), if applicable
8. Deposit Check in the amount of $650.00, made payable to Arapahoe County Public Trustee, or authorization to draw that amount from an escrow account as an advance against the cost of the foreclosure pursuant to C.R.S. 38-38-101 (10) and C.R.S. 38-37-104 (1)(b)(I)
9. If the amount of the foreclosure exceeds $480,000, the lender or their attorney must contact the Public Trustee’s Office for fee information.

Public Trustee fees must be paid before a foreclosure can be processed. Any unpaid balance must be paid prior to taking the property to sale.