Requirements for Release of Deed of Trust
A Release of Deed of Trust is signed and executed by the Current Beneficiary of a Loan that is paid in full and then submitted to the Public Trustee of the County where the property is located. The Public Trustee compares the documents presented and signs and executes the Release form and then records it with the County Clerk and Recorder.
Colorado Revised Statutes Section 38-39-102 has set out requirements for releasing a Deed of Trust. Based on these statutes, a Release of Deed of Trust may be processed by the Public Trustee of the County where the property is located, when the following documents have been properly presented:
- Original Promissory Note, which has been marked "Paid" or "Cancelled" and signed by the current beneficiary’s (holders or lenders), agent or attorney in fact for the current beneficiary. For partial releases and/or full releases with a live note, the original note must be presented. If the original promissory note has been lost or cannot be presented, please contact our office for information on acceptable substitutes.
- Recorded Deed of Trust (original or copy) - The clerk’s original recording information must be legible. Submit the entire Deed of Trust. Copies of recorded documents may be purchased from the Arapahoe County Clerk and Recorder. Call 303-795-4520 for more information.
- Request for Release of Deed of Trust - Use the Request for Release of Deed of Trust (Evidence of Debt Available) form if you have the original note (evidence of debt). Use Request for Release of Deed of Trust (Evidence of Debt Unavailable) form if the lender signing the Request for Release is one of the entities described in 38-39-102(3.5)(b), C.R.S., when the original note (evidence of debt) is unavailable.
- Payment of $28, payable to the Arapahoe County Public Trustee, to execute and record a one page Release form. Include $5 for each additional page of the Release form (i.e. attached notaries, legal descriptions, and two page release forms).
Mailing Your Request
Enclose a stamped, addressed envelope in which to return the original documents.
If the documents are mailed, we suggest you mail them certified mail. The easiest, most efficient way is to bring the release and the above mentioned documents to our office. Someone is available to assist you between the hours of 8 a.m. and 4:30 p.m., Monday through Friday. Our office is located at 1610 West Littleton Blvd., Suite 150, Littleton, Colorado 80120.
If you have any questions, please call 303-730-0071.