Release of Deed of Trust
The following documents must be submitted for a Release of Deed of Trust:
1. The ORIGINAL evidence of debt (note). For full Releases the note should be marked “Paid in Full,” and signed by the holder or holders of the note, or their agent. If signed or marked paid by an agent, it must so indicate. If the note is lost, see the requirements listed below.
2. The ORIGINAL recorded Deed of Trust securing evidence of Debt or a legible copy.
3. A completed Release of Deed of Trust form, signed by the holder(s) of the indebtedness or by their attorney or agent. Signatures must be notarized.
4. A fee of $28.00 for executing and recording a one-page release. The fee for recording additional pages is $5.00 per page.
What can be submitted if the note is lost
• A corporate surety bond (lost instruments bond) submitted in the face value of the note, with the Public Trustee named as obligee.
• An indemnification agreement accompanied by a certified copy of an authorizing resolution passed by the board of directors of a bank, industrial bank, savings and loan association, FHA approved mortgagee, or federally or state chartered credit union.
• An indemnification agreement duly authorized by any agency of the federal government or federally created corporation which originates, guarantees, or purchases loans.
• An indemnification agreement from a title insurance company.
If the holder of the Original Evidence of Debt (Note) is a qualified holder, as specified in C.R.S. 38-39-102 (3) (a) or a title insurance company licensed and qualified in Colorado as specified in C.R.S 38-39-102 (3) (c) they are able to use:
• A (Partial) Request For Release Of Deed Of Trust And (Partial) Release (Without Production Of Evidence Of Debt Pursuant To 38-39-102(1 (a) 3, C.R.S.)