Public Trustee Record of Election and Demand, 1895-2007

Series

Identifier: Series-153

Staff Only

Scope and Contents

In Colorado, the Notice of Election and Demand is a document indicating that a lender is the beneficiary of a deed of trust encumbering a parcel of real property; stipulating that the borrower is in default; and requesting that the public trustee commence foreclosure proceedings to satisfy the debt.

The document is submitted to the Public Trustee and recorded by the Clerk and Recorder. This marks the beginning of the foreclosure process. Foreclosure notices are mailed to all parties as required by law. The Combined Notice, which establishes the time and place of sale, is published for five consecutive weeks in local newspapers.

The Public Trustee's Record of Election and Demand contains the Notice of Election and Demand for Sale by Public Trustee; newspaper clipping of the sale notice; proof of publication; Public Trustee Certificate of Purchase; name of defaulter (property owner); trust deed or date of trust deed; recording information; description of property; name of present note holder; and amount of outstanding debt.

(Information from www.reckagri.com/glossary/notice-of-election-and-demand and from www.jeffco.us/2277/Foreclosure-Process, accessed May 22, 2020)

Dates

Record Keeping: 1895-2007

Creator

Jefferson County (Colo.). Public Trustee (Organization)

Conditions Governing Access

Archives collection material is non-circulating, requires staff retrieval and is available for use by appointment in the reading room.

Biographical / Historical

Colorado is the only state in the Union with a Public Trustee system in place. The Governor of Colorado appoints the Jefferson County Public Trustee. All actions of the Office are strictly governed by Chapter 38 of the Colorado Revised Statutes. Duties consist of:

1. Administration of Deeds of Trust within the county that name the Public Trustee as Trustee. This includes releasing Deeds of Trust when a loan has been satisfied and foreclosing on Deeds of Trust in the event of default. The Deed of Trust is an agreement between the Grantor (owner), the Public Trustee (who has the power of sale) and the Beneficiary (lender).

2. The Public Trustee is also responsible for the collection of tax accounts for Land Purchase Contracts for Deed within the County.

Foreclosure is the forced sale of a piece of property to repay a debt. Foreclosures are conducted by the Public Trustee on Deeds of Trust containing a power of sale (right to sell property at public auction in the event of default). A foreclosure is commenced when a Notice of Election and Demand is recorded in the county's real estate records after the Public Trustee receives the required documentation from the foreclosing party or their legal advisor. Foreclosure notices are mailed to all parties. The Combined Notice, which establishes the time and place of sale, is published for five consecutive weeks in the local newspapers. Foreclosure sales are held weekly at the Jefferson County courthouse.

(Information above from "Why a Public Trustee" written by Margaret Chapman, from Historically Jeffco magazine, 2011)