C.R.C.P. 120.1

(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.

(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.

(c) Response; Contents; Filing and Service. The grantor of the deed of trust may

dispute the moving party’s motion for expedited sale in the same time frame as provided in

C.R.C.P. Rule 120.

(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.