Can I give you a copy of the original note or have the lender sign a statement?

For private party loans, if the original promissory note has been lost, a Lost Instrument Bond must be furnished for one and a half (1 ½) times the amount of the note. A Lost Instrument Bond is a Corporate Surety Bond issued by a company authorized to issue such bonds in the State of Colorado. Please check with your insurance company for further assistance in this matter.


If the lender is a private party and deceased, a copy of the Death Certificate along with a copy of the will or Personal Representative Papers will need to be provided. The person appointed by the will or PR papers would be required to sign the Release of Deed of Trust form.

 

If the lender is a Financial Institution described in C.R.S. 38-39-102 (1)(a) and (3), the Public Trustee may accept, in lieu of the original promissory note, a Request for Release of a Deed of Trust that includes a certificate pursuant to C.R.S. 38-39-102 (1)(a) and (3).


Please see the Release Deed of Trust section of our website for the appropriate release form for your circumstance.


Show All Answers

1. Who can sign a Request for Release of Deed of Trust without production of the Evidence of Debt?
2. What is a Qualified Holder?
3. Can I give you a copy of the original note or have the lender sign a statement?
4. Can you tell me if my mortgage company has sent in the documents to release my Deed of Trust?
5. Why can't I get my recording information immediately?
6. Why do I have to pay a fee? I pay property taxes.
7. Why isn't my name on the release after I paid off the loan?
8. Why would you return the Note and Deed of Trust documents to the mortgage company?