Treasurer/Public Trustee

Responsibilities of the Public Trustee

The Public Trustee hands foreclosures of deeds of trust, releases of deeds of trust, and tax escrow accounts for land purchase contracts for properties located in Saguache County.

The Public Trustee Does Not

 Give legal advice – please contact an attorney.

 Handle Tax Sales – please contact the County Treasurer

 Handle Judicial Foreclosures – please contact the Sheriff – 719-655-2544

 Release private trustee mortgage transactions

 Handle federal auctions, such as HUD or VA

 Have information regarding liens on foreclosed property – Please contact the Clerk and Recorder

 Have access to the foreclosed property

 Process evictions – please contact the Sheriff – 719-655-2544

Prohibition of Dual Tracking

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.

Colorado Attorney General                                                                    Consumer Financial Protection Bureau

Ralph L. Carr Colorado Judicial Center                                                   P.O. Box 27170

1300 Broadway 10th Floor                                                                     Washington, DC 20038

Denver, CO 80203                                                                                 1-855-411-2372

1-800-222-4444                                                                                    www.consumerfinance.gov

www.coloradoattorneygeneral.gov

Foreclosure Sale Bidding Policy, effective June 1, 2015

The Saguache County Public Trustee holds foreclosure sales on Thursdays at 10:00 AM in the Board of County Commissioners Room at 501 4th Street, Saguache, CO 81149. Saguache County receives written beginning bids from the foreclosing lender by

12:00 noon two business days prior to the sale.

Registration

In order to bid at the foreclosure sale, bidders must submit a registration form prior to the start and forms are available in the Public Trustee’s office on the day of the sale. No emailed or faxed bidder registration forms will be accepted.

Bidding

No cell phone use is allowed during the sale. If a bidder is using a cell phone or is otherwise disruptive during the sale they will be asked to leave. If the Public Trustee suspects any kind of fraud, collusion or abuse of the bidding process, she reserves the right to stop the sale and contact the property’s foreclosing attorney to postpone the sale to the following week. The Public Trustee also reserves the right to ban abusers of the bidding process from current and future sales.

The sale begins promptly at 10:00 AM., and once it begins the foreclosing lender’s beginning bid amount will be read aloud and we will ask for other bids. Bidding will begin at $50.00 over the lender’s beginning bid (rounded to the nearest $50.00 increment). Further bidding must be in increments of $1000.00 and each bid placed must not advance the prior bid by more than $5000.00. In order for a bid to be accepted, bidders are required to state the amount they wish to bid. Failure to do so will result in bids not being accepted. Once a bid has been entered, it is considered final.

Payment

If you are the successful bidder, payment is due within one hour of the completion of the foreclosure sale. Payment must be in the form of certified funds (cash, cashier’s check, or wire transfer – instructions will be provided upon request). Large cash payments are discouraged. Successful bidders who pay $10,000.00 or more in cash must complete all necessary Internal Revenue Service documents at the time of sale (forms will be provided by the Public Trustee if necessary). If you are the successful bidder and you fail to remit payment, you will be barred from participation in all future Public Trustee foreclosure.

Successful Bidders

The original Certificate of Purchase is issued and recorded with the Saguache County Clerk and Recorder. Because only one Certificate of Purchase is issued, the original will be kept in our office and a copy will be emailed to the successful bidder. The Certificate of Purchase will be issued only in the name indicated on the Bidder Registration Sheet; however, Certificates of Purchase can be assigned to another party.

Post Sale

Junior lien holders have the right to redeem the foreclosure sale (see our policy on Notices of Intent to Redeem). If there is no redemption, a Confirmation Deed will be issued to the holder of the Certificate of Purchase 10-15 days following the foreclosure sale (a recorded copy will be emailed to the Certificate of Purchase holder).

Overbid Funds

If your property goes to foreclosure auction 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 719-655-2656 to find out if you are entitled to any remaining funds. If you contact us directly, there is no cost to you to claim any excess funds owed to you.

Transfer of Ownership

Ownership of the property does not transfer until at least 8 business days after the actual foreclosure sale, which may occur at a date later than the initial sale date indicated on the mailed notice you received from this office.

2023 PROPERTY TAX NOTICES WERE MAILED JANUARY 25, 2024

Legislative changes enacted by the Colorado Legislature to accommodate property tax relief will delay the certification of the County tax rolls. The new deadline for the later tax roll certification is January 24, 2024. Please be aware that these changes do not alter the first-half payment due date for property taxes on February 29, 2024, which is a Leap Year. The Colorado Legislature chose not extend the payment deadline to ensure that special districts like fire departments, school districts, health districts, hospitals, and other public entities have the revenue to continue to operate.

Property taxes are collected one year in arrears. Taxes for 2023 are collected and payable in year 2024.

Tax Statements are mailed by the end of January to the owner of record and at the address shown on the tax roll by December of the previous year. The tax roll is maintained by the County Assessor. If you have had a change of address that was received by the treasurer after December you may not receive the upcoming year’s tax notice. Please promptly notify the Treasurer of any address changes. If you have not received your tax statement by the 1st week of February, please contact the Treasurer’s office at 719-655-2656, and a duplicate statement can be emailed/mailed.

***Failure to receive a tax statement does not exempt tax payer from payment of taxes due***

Taxes are due January 1st for the previous year, taxes can be paid in two ½ installments or one full installment, please see due dates below.

Tax Due Dates:

First Half – February 29th

  2nd Half – June 15th

   In Full – April 30th

If the total property tax amount is under $25.00, the half payment option is not allowed, and full payment amount must be postmarked and sent by full payment date above.

If payments are postmarked after due dates referenced above, your payment may be rejected, and delinquent interest will be added to the tax amount.

Mobile homes with an assessed value of $28,000.00 or less are tax exempt (HB22-1223) and no tax notice will be mailed. 

Please make all property tax payments payable to “Saguache County Treasurer” and send to P.O. Box 177, Saguache, CO 81149, or use the drop box located in the south parking lot of the courthouse building. 

To ensure accurate posting, please include appropriate payment coupon for each property you are paying taxes for.

Late tax payments as of September 1st and all lien payments must be sent in the form of certified funds.

Certified funds include – cash, cashier’s check, and/or money order.

Please note – The treasurer’s office does NOT determine the amount of tax to be collected. For more information on the value of your property or the amount of tax collected, please contact the Saguache County Assessor’s Office.

Senior Tax Exemptions and other Exemptions given by the county/state are handled and applied through the Saguache County Assessor’s Office.

SALE:

Please see documents above for the advertising list of real property, and mineral interest. 

Tax Lien Viewer Link: TBA

Annual Tax Lien Auction will be held online, TBA. 

Saguache County Tax Lien Sale accepts registration for bidders at www.zeusauction.com, TBA. The sale for Real Properties and Minerals will be held online.  

BIDDING:

1. Employees and officials of Saguache County, members of their immediate family or their agents, are not allowed to bid at Saguache County Tax Sales.
2. Real properties and Mineral Interest will be online only.
3. Each item number and minimum bid (minimum bid includes taxes, interest, advertising cost and Certificate cost) shall be announced and subject to general bidding.
4. Minimum excess bid is $1.00. Bids made over the announced minimum bid are considered premium bids and are not refunded at the time of redemption.

INTEREST:

When redeemed, a certificate will pay at the rate of 15% per annum.  Upon redemption all monies will be refunded except premium bids and the $4.00 assignment fee.

SUBSEQUENT TAX:

If the owner does not pay future taxes by July 31^st, you will be notified of the amount due.  Payment will be endorsed on the tax lien certificate.  Payment will accrue interest at the same rate as the certificate.

TREASURER’S DEED:

1. Treasurer’s deed may be applied for three years after the original date of sale.
2. Prior to deed, lien holders have no right to occupy property.
3. Deed deposit is $450.00 on REAL on all properties. Any unused balance will be refunded.  Included in the fee is the Treasurer’s fee as well as the Owners & Encumbrances Report to follow chain of title and notice of parties.
4. Upon receiving a Treasurer’s Deed it is strongly recommended that the deed holder obtain a clear title by obtaining a Quiet Title (going to court to secure a clear title) and have the property surveyed.

 **A Treasurer’s Deed is not a warranty deed and may be contested.  The original property owner has up to  nine years from the date of Treasurer’s Deed to redeem the property through the courts if the title has not been quieted.

SAFEKEEPING:

The original Certificate of Purchase will be stored in the Treasurer’s office.  A copy of the Certificate will be mailed to the lien holder after the sale.

NOTE:

*There may be properties advertised that may have illegal subdivisions.  If this is so, Saguache County will not issue any type of permit and the State will not issue a well permit.

*Please note that partial payments have been made on several items so the beginning bid amount has changed.

For inquires and general information:

saguachetreasurer@saguachecounty-co.gov                  

719-655-2656                                                         Regina Swartz

PO Box 177                                                            Saguache County Treasurer/Public Trustee                 

Saguache CO 81149                                                rswartz@saguachecounty-co.gov