State guides › Colorado
Surplus funds in Colorado
If a home in Colorado sold at a foreclosure or tax sale for more than was owed, the former owner or heirs may be able to claim the difference.
How it usually works
After the sale, the extra money is typically held by the foreclosure trustee, the clerk of court, or a county office until someone with a valid claim comes forward. Notices are often mailed to the old address, so many people never hear about it.
A note on Colorado rules
Colorado (HB16-1090) voids finder's-fee agreements while the public trustee holds the funds and during the first two years the State Treasurer holds them, and caps fees after that. Any agreement must disclose that the public trustee is obligated to pay the funds out whether or not a finder is used.
Source: https://leg.colorado.gov/bills/hb16-1090. Summary only, not legal advice. Laws change; we confirm current rules on every file.
Can I file myself?
Often, yes. The office that handled the sale can tell you whether funds exist and what forms they need. If you’d rather have help, we’ll look for free and explain every option first.