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Releases
A Release of Deed of Trust is a written request by the mortgage company or lender, or a title insurance company, to the Public Trustee. The purpose of the release is to remove all or a portion of the property from the lien created by a Deed of Trust. A Deed of Trust is an agreement between three parties: the Grantor (owner/borrower), the Beneficiary (lender), and the Public Trustee. When recorded, a Deed of Trust creates a lien against the Grantor's property. When the terms of the Deed of Trust are satisfied, a request of Release of Deed of Trust must be recorded to remove the lien from the property.
A Release of Deed of Trust is signed and executed by the current owner of the Evidence of Debt (Lender), or a title company, and submitted to the public trustee of the county where the property is located. The public trustee inspects the documents presented for accuracy and completeness, signs and executes the release form and records the release with the county clerk and recorder.
Colorado Revised Statute §38-39-102 has set out certain requirements for releasing a Deed of Trust through the Office of the Public Trustee in the county where the property is located.
Original Evidence of Debt that corresponds to the Deed of Trust includes the principal amount, dates and the number of notes/deeds of trusts involved marked "paid in full." In lieu of the original evidence of debt, a qualified holder as defined in C.R.S. §38-38-100.3 or a title company may request the release without production of the original evidence of debt.
A private party lender who does not have the original evidence of debt must submit a Lost Instrument Bond in the amount of 1.5 times the original principal balance.
The Recorded Deed of Trust can be the original or a copy. The Clerk and Recorder’s original recording information must be legible. You may purchase a copy from the Clerk and Recorder’s Legal Document Search or in person at the Arapahoe County Administration Building, Clerk and Recorder’s Office, 5334 S. Prince Street, Littleton, CO 80120. For more information, please call 303-795-4200.
How To Release a Deed of Trust
A Release of Deed of Trust is signed and executed by the current owner of the Evidence of Debt (Lender), or a title company, and submitted to the public trustee of the county where the property is located. The public trustee inspects the documents presented for accuracy and completeness, signs and executes the release form and records the release with the county clerk and recorder.
Requirements to Release a Deed of Trust
Colorado Revised Statute §38-39-102 has set out certain requirements for releasing a Deed of Trust through the Office of the Public Trustee in the county where the property is located.
Original Evidence of Debt
Original Evidence of Debt that corresponds to the Deed of Trust includes the principal amount, dates and the number of notes/deeds of trusts involved marked "paid in full." In lieu of the original evidence of debt, a qualified holder as defined in C.R.S. §38-38-100.3 or a title company may request the release without production of the original evidence of debt.
A private party lender who does not have the original evidence of debt must submit a Lost Instrument Bond in the amount of 1.5 times the original principal balance.
Recorded Deed of Trust
The Recorded Deed of Trust can be the original or a copy. The Clerk and Recorder’s original recording information must be legible. You may purchase a copy from the Clerk and Recorder’s Legal Document Search or in person at the Arapahoe County Administration Building, Clerk and Recorder’s Office, 5334 S. Prince Street, Littleton, CO 80120. For more information, please call 303-795-4200.