Public Trustee

The Public Trustee and staff serve as a statutory mediator between property owners and their bank and/or mortgage company during the foreclosure process.

The Public Trustee cannot give legal advice, but insure fair treatment to homeowners facing the stress of foreclosure. Public Trustees are responsible for processing release of deeds of trust and foreclosures on properties located in Elbert County.

To our Citizens:

Thank you to all Elbert County Citizens who were patient during the closure of the Samuel Elbert Building due to the COVID-19 crisis. We appreciate your continued patience and understanding during this difficult time and hope you all are doing well and staying safe.

We are here in the office working and available to assist you by phone or email. I encourage you to continue to use these avenues of communication to cut down on public traffic in our building so we may continue to practice social distancing.

During your appointment at the Samuel Elbert Building, please remember to maintain the 6 foot social distancing limitation. We have installed sneeze guards to protect the citizens and staff during your appointment as well as markings for distancing.  A mask is not a required to enter, but if you feel comfortable wearing one please do so. 

Cost Increase:

Effective January 2020, the Public Trustee's office will be charging $0.25 per copy for the combined notice mailings along with the statutes.

Notice to an owner in foreclosure:

If you, as the borrower, believe that a lender or servicer has failed to provide you with a single point of contact, as required by Colorado law (C.R.S. §38-38-103.1) or that the lender is pursuing foreclosure despite the fact that you submitted a completed loss mitigation, or you have been offered and accepted a loss mitigation option, pursuant to C.R.S. §38-38-103.2, you may file a complaint with the Colorado Attorney General, the Federal Consumer Financial Protection Bureau (CFPB), or both. The filing of a complaint will not stop the foreclosure process.

Overbid Funds:

If your property goes to foreclosure sale and is sold for more than the total owed to the lender and to all other lien holders, you may be entitled to any remaining funds.  C.R.S. 38-38-111(2.5)(a) Please call our office at (303) 621-3120 or email us to find out if you are entitled to any remaining funds.  If you contact us directly, there is not cost to you to claim any excess funds owed you.