The Law Offices of Mark Wm. Hofgard, Esq. | Mark Hofgard
There are four primary areas within which Colorado residents may (or may not) have rights and remedies to contest a foreclosure. First, at the Rule 120 hearing in which the foreclosing party must obtain an Order Authorizing Sale, the following are defenses: 1) you are in the military 2) there is no default 3) the foreclosing party waived default by accepting payments after notice of acceleration, and 4) the foreclosing party should be estopped from asserting default. Second, if you have valid grounds to contest the foreclosure, an independent lawsuit may be filed. This requires posting of a bond, and a hearing must be held on a temporary restraining order prior tot he sale. Third, you may assert your defenses and counterclaims against the foreclosing party when you are sued for eviction. Fourth, you may temporarily halt the process by filing bankruptcy.
Answer Applies to: Colorado