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.
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Only a Qualified Holder can request a Release of a Deed of Trust without producing the original Evidence of Debt (promissory note).
Colorado Revised Statute 38-38-100.3 (20)
(20) "Qualifiedholder" means a holder of an evidence of debt, certificate of purchase,certificate of redemption, or confirmation deed that is also one of thefollowing:
(a) A bank as defined insection 11-101-401 (5), C.R.S.;
(b) An industrial bank asdefined in section 11-108-101 (1), C.R.S.;
(c) A federally charteredsavings and loan association doing business in Colorado or a savings and loanassociation chartered under the "Savings and Loan Association Law,"articles 40 to 46 of title 11, C.R.S.;
(d) A supervised lender asdefined in section 5-1-301 (46), C.R.S., that is licensed to make supervisedloans pursuant to section 5-2-302, C.R.S., and that is either:
(I) A public entity, which isan entity that has issued voting securities that are listed on a nationalsecurity exchange registered under the federal "Securities Exchange Act of1934", as amended; or
(II) An entity in which all ofthe outstanding voting securities are held, directly or indirectly, by a publicentity;
(e) An entity in which all ofthe outstanding voting securities are held, directly or indirectly, by a publicentity that also owns, directly or indirectly, all of the voting securities ofa supervised lender as defined in section 5-1-301 (46), C.R.S., that islicensed to make supervised loans pursuant to section 5-2-302, C.R.S.;
(f) A federal housingadministration approved mortgagee;
(g) A federally charteredcredit union doing business in Colorado or a state-chartered credit union asdescribed in section 11-30-101, C.R.S.;
(h) An agency or department ofthe federal government;
(i) An entity created orsponsored by the federal or state government that originates, insures,guarantees, or purchases loans or a person acting on behalf of such an entityto enforce an evidence of debt or the deed of trust securing an evidence ofdebt; or
(j) Any entity listed inparagraphs (a) to (i) of this subsection (20) acting in the capacity of agent,nominee except as otherwise specified in subsection (10) of this section, ortrustee for another person.
Credit unions can be researched at http://researchcu.ncua.gov/Views/FindCreditUnions.aspx
Banks can be researched at http://www.occ.gov/topics/licensing/national-bank-lists/index-active-bank-lists.html.
HUD-approved mortgagees can be researched at http://www.hud.gov/ll/code/llslcrit.cfm.
State- Supervised lenders can be researched athttp://www.coloradoattorneygeneral.gov/sites/default/files/uploads/UcccReport_11.pdf.Theselenders are only qualified holders under (d) if they are also public entities.
No, the Public Trustee's office receives many Releases of Deed of Trust every day. Please be assured that your release will be processed quickly in the order it was received.
The Public Trustee processes multiple Releases of Deeds of Trust prior to sending the documents to be recorded by the Jefferson County Clerk and Recorder's office. The release documents are typically recorded within one to three business days from processing. The recording information for your release can be obtained from the Records Department of the Jefferson County Clerk and Recorder, their telephone number is 303-271-8122.
The Public Trustee's office is funded with user fees. This office is not financed with tax money.
If the loan was assumed from another party, such as through the execution of a Warranty Deed or Quit Claim Deed, the previous owner's name will still be listed on the Deed of Trust. The information on the Release of Deed of Trust must match the Deed of Trust being released to remove the lien from the county records.
We return the documents to the party designated by the entity that submitted them-unless otherwise instructed.