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How do I proceed by filing the Foreclosure?

I filed a Lien on 12/31/19 then mailed Notice Of Intent To Foreclose on 01/21/20. I still have not been paid or contacted. How do I proceed by filing the Foreclosure?

1 reply

Feb 6, 2020

In Colorado, an enforcement (foreclosure) action must be initiated within 6 months after the completion of the project or the last furnishing of labor or materials. Enforcing the lien through a foreclosure action requires a full-blown lawsuit. This means that business lien claimants must hire an attorney to represent them in the proceeding. While an individual lien claimant is generally allowed to represent him/herself, that is rarely if ever a good idea. Along with filing the lawsuit in court in the county in which the property is located, the lien claimant must also file a "notice stating that such action has been commenced . . . in the office of the county clerk and recorder of the county" in which the property is located. Since a foreclosure action is a lawsuit, there are procedural rules and requirements that must be met, including setting forth the complaint properly, naming the proper parties as defendants, and serving those parties. You can find some Colorado attorneys here, or by searching local bar association websites.

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