In the State of Colorado, the standard means of securing a loan on real estate is with a Deed of Trust. There are three parties involved with a Deed of Trust: the Borrower, the Lender and the Public Trustee. When a property owner executes a Deed of Trust, they are essentially deeding the property to the Public Trustee to hold in trust for the benefit of the lender until the indebtedness is paid in full. When it is paid, the lender sends the Public Trustee a Request for Release and the Public Trustee confirms the release and re-conveys the property back to the property owner. Both the Deed of Trust and the Release of Deed of Trust are legal documents and anyone executing them should consider consulting legal counsel.
Required Documentation
- Original promissory note that corresponds exactly with the Deed of Trust in all recitals including the principal amount, dates and the number of notes/deeds involved. If this information does not match, please contact our office for the appropriate affidavit. The note must also have original signatures.
- The note must be marked paid, dated, and signed by all current legal holders of the note. Please follow the assignments of the note to determine the current legal holder of the note. If an attorney signs for a client, we require his/her attorney's registration number. We need notarized authorization for other parties to sign.
- Original Deed of Trust or a copy of the recorded instrument. Recorded copies can be obtained from the Fremont County Clerk and Recorder.
- A request for a Release of Deed of Trust form with notarized signatures of the holder of the note. Please place a return address on this form.
- A self-addressed stamped envelope for the return of the note and Deed of Trust. Payment to the Public Trustee is $15.00 per release (full or partials) and $13.00 to record the Release of Deed of Trust. If the Release of Deed of Trust is more than one page, please include $5.00 for each additional page that will be recorded. Please send a check made payable to the Public Trustee for the entire amount. $28.00 for a one page release.
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Release With Production of Evidence | Release of Deed of Trust and Release by Holder of the Evidence of Debt With Production of Evidence of Debt |
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Release Without Production of Evidence | Release of Deed of Trust and Release by Holder of the Evidence of Debt Without Production of Evidence of Debt |