(a) Motion; Contents. An order of the court authorizing an expedited sale pursuant to section 38-38-903, C.R.S. may be sought in conjunction with the order authorizing sale. An eligible holder as defined by statute may file a verified motion, together with a supporting affidavit, in a district court seeking an order authorizing an expedited sale together with the motion for order authorizing sale pursuant to C.R.C.P. Rule 120. The affidavit shall state the following: (1) The moving party is an eligible holder as that term is defined by statute; (2) the subject deed of trust secures an eligible evidence of debt as that term is defined by statute; and (3) the property has been abandoned as defined by statute, or in the alternative, the grantor of the deed of trust requests an order for expedited foreclosure sale. Upon receipt of the motion and supporting affidavit, the clerk shall fix a time and place for a hearing on the motion for order authorizing sale and the motion for an expedited sale. The time fixed for hearing shall be not less than twenty nor more than thirty calendar days after the filing of the motion for expedited sale.
Rule 120.1.Order Authorizing Expedited Sale Pursuant to Statute
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 120.1 lets an eligible lender combine a Rule 120 foreclosure motion with a request for an expedited sale of abandoned property, using bilingual notice and a compressed 20-to-30-day hearing schedule instead of the standard foreclosure timeline.
Full Text of Rule 120.1
(b) Notice; Contents; Service. The moving party shall issue a combined notice in English and in Spanish, which shall include the provisions as specified in C.R.C.P. Rule 120(b) and add a statement that the moving party is seeking in addition to the order authorizing sale, an order for expedited foreclosure sale. The moving party shall additionally state that the property is abandoned, or in the alternative that the grantor of the deed of trust has requested the order for expedited foreclosure sale. At least fifteen calendar days prior to the hearing, the combined notice shall be served by the moving party as required by C.R.C.P. 120, and in addition shall be either personally served on the grantor of the deed of trust, or posted at the real property as provided in C.R.C.P. Rule 120(b). Such mailing, delivery to the clerk for posting, and personal service or property posting shall be evidenced by the certificate of the moving party or the moving party's agent.
(d) Hearing; Scope of Issues; Order; Effect. At the time and place set for the hearing or to which the hearing may have been continued, the court shall examine the motion and responses, if any. The scope of inquiry under this section shall not extend beyond the determination that the property is abandoned as that term is defined by statute, or that the grantor requests for an order for expedited sale. The court shall enter the order for expedited sale if there is clear and convincing evidence that the property has been abandoned or that the grantor of the deed of trust has requested such order. In order to establish clear and convincing evidence that the property has been abandoned, the moving party shall file an affidavit with the court as provided by statute. The court shall determine whether there is clear and convincing evidence that the property is abandoned.
(e) Hearing Dispensed with if no Response Filed. If no response has been filed within the time permitted by C.R.C.P. Rule 120(c), the court shall examine the motion and, if satisfied that the moving party is entitled to an order for expedited sale upon the facts stated in the motion and affidavit, the court shall dispense with the hearing and forthwith enter the order for expedited sale.
Amendment History
Adopted effective October 14, 2010. Amended effective September 20, 2012.
Plain-English Summary
Rule 120.1 works alongside Rule 120 for a narrower situation: an eligible holder of a deed of trust seeking a faster sale because the property has been abandoned, or because the grantor has asked for an expedited sale. The moving party files a verified motion and affidavit establishing eligibility and the abandonment or the grantor's request, and the clerk sets a hearing between 20 and 30 calendar days after filing.
Notice must go out in both English and Spanish, covering everything a standard Rule 120 notice requires plus the request for expedited sale, and must be served at least 15 calendar days before the hearing, including personal service on the grantor or posting at the property. At the hearing, the court's inquiry is limited to whether the property is abandoned or the grantor has requested the expedited sale, and it must find clear and convincing evidence of abandonment before granting that request. If no response is filed, the court skips the hearing and enters the expedited order.
Frequently Asked Questions
What is an expedited foreclosure sale under Colorado Rule 120.1?
It's a faster version of a Rule 120 foreclosure, available to an eligible lender when the secured property has been abandoned or when the grantor of the deed of trust requests it.
How is property abandonment proven under Rule 120.1?
The moving party must file an affidavit, and the court must find clear and convincing evidence that the property has been abandoned before entering the expedited sale order.
Does the notice for an expedited sale have to be in Spanish?
Yes. Rule 120.1 requires a combined notice in both English and Spanish, served at least 15 calendar days before the hearing.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 120.1). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: expedited foreclosure sale coloradoabandoned property foreclosure coloradoC.R.C.P. 120.1rule 120.1 expedited salepublic trustee expedited saleforeclosure abandoned home colorado