Real Estate & Property Law

In Colorado, a mortgage loan secured by real property is most generally created by a Deed of Trust, which contains a power of sale in a Public Trustee for the benefit of the mortgage lender when default occurs. Each county has a public trustee who conducts foreclosure sales for all real property located in that county. Before a public trustee may conduct a sale, a court order authorizing it must be obtained. Generally, a mortgage, as opposed to a deed of trust, must be judicially foreclosed.