Eviction After Foreclosure

Step 1: Confirm the foreclosure sale

Once your home is sold through a Public Trustee or sheriff's sale, the deed is transferred to the new owner. At that point, you are no longer the legal owner. Contact your county’s Public Trustee or sheriff’s office to confirm that the sale has happened and find out who the new owner is.

Step 2: Understand overbids

If your home sold for more than you owed on your mortgage, the extra money is called an overbid. You may be entitled to part of it after other liens are paid off. Contact the Public Trustee’s office to ask if there’s an overbid and how to claim it.

Step 3: Watch for the eviction notice

You can’t be removed immediately after the foreclosure sale. First, the new owner must serve a Demand for Possession, also called a Notice to Quit or Vacate. This may give you up to 3 days to move out.

• The new owner must try at least twice to serve this notice to you in person.
• If they can’t find you, they can leave the notice on your door.

If you don’t move out by the deadline, the new owner can file an eviction lawsuit.

Step 4: Court begins – the summons and complaint

If the new owner files for eviction, you’ll be served with a Summons and Complaint:

• The summons will list a return date. This is the deadline to respond.
• The complaint explains the reasons for the eviction and must show you were given legal notice.

You have three options by the return date:

1. File an answer if you have legal defenses (e.g., improper notice or defective foreclosure).

   • Use Answer form JDF 103.
     • Note that this is the same form used in all evictions. There isn’t a separate form to use for post-foreclosure evictions.
   • Financial hardship is not a legal defense.

2. Move out and return the keys before the Return Date.

   • File an answer stating you’ve turned over possession.
   • Keep proof you gave the keys back (photo, witness, receipt).

3. Reach a settlement (a stipulation) with the new owner.

   • Must be in writing and signed.
   • Often includes a move-out date and may avoid an eviction judgment.

If you file a valid answer, the court will schedule a trial within 7–10 days.

Step 5: Preparing for trial

• Call the court regularly to confirm your trial date.
• You may have to call more than once. Sometimes trial dates change.
• You may ask to appear in court online or by phone.
• Bring all your evidence. File it with the court and give a copy to the new owner.
• If you win, you can stay temporarily, but another eviction may follow.
• If you lose, the court enters an eviction judgment against you.
  • This becomes a public record for 7 years.
  • A writ of restitution can be issued 48 hours later.
  • The sheriff can remove you 10 days after judgment.
  • If someone in your home receives Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Colorado Works benefits, tell the court—it may extend your move-out deadline to 30 days.
  • If you move out before trial, give the keys to the new owner. Then go to the trial to tell the judge that you have already moved out and there is no need for a trial.

For more detailed information, see our guide on Going to Court for an Eviction.

Step 6: Settling to avoid a judgment

A judgment is an official court decision in a case made by the judge. Even on the day of trial, you may still be able to work out a settlement.

• Options may include more time to move, “cash for keys,” or payment arrangements.
• Always get the agreement in writing.
• Your goal should be to avoid a formal eviction judgment.