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Douglas County Government offices closed Monday, July 4.  Visit DoItOnlineDouglas.com for dozens of services offered online.   Enjoy the 4th of July but remember Stage 1 Fire Restrictions are in place. 

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Public Trustee

Releases

In-person services to Release a Deed of Trust REQUIRES and appointment.  Please email your request to the Public Trustee office at [email protected]

 

A Deed of Trust is a three-party instrument used to create voluntary liens in real estate.  The parties to a Deed of Trust are:

A recorded (by the County Clerk and Recorder) Deed of Trust is a legal record of the lien against the owner’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.

How To Obtain a Release of Deed of Trust

When the terms of the Deed of Trust have been satisfied (including payment in full of the promissory note), a request by the lender must be submitted to the Public Trustee to release the Deed of Trust who, upon review and satisfaction that the Deed of Trust can be released, signs the release form and submits it to the Clerk and Recorder for recording of the release.

The following documents are to be presented in Douglas County:

Original Promissory Note that corresponds with the Deed of Trust, including the principal amount, dates and the number of notes/deeds of trusts involved: Marked Paid in Full.

  • A lender must submit the original promissory note if the lender is a private person or company (not a federally or state-chartered financial institution). If the original promissory note has been lost, a Lost Instrument Bond must be furnished in an amount one and a half times the original amount of the Deed of Trust (C.R.S. 38-39-102). A federally or state-chartered financial institution does not have to provide the promissory note.  A title Insurance company may also submit a release.

 

2. Recorded Deed of Trust, can be the original or a copy. The Clerk and Recorder’s original recording information must be legible. You may obtain a copy from the Douglas County Clerk and Recorder’s Office at 301 Wilcox Street, Castle Rock, Colorado, 303.660.7446.

3. Request for Release of Deed of Trust form.

4. The release form must have the following:

    • Correct name of Borrower
    • Correct name of the owner of the Evidence of Debt (Lender)
    • Exact corresponding information on the Deed of Trust and Note
    • Recording information of Deed of Trust
    • Notarized Signature/Signatures of Lender/Lenders
    • Address to where the recorded release is to be sent (this form will be returned by the Douglas County Clerk and Recorder)
    • The current address of the borrower (grantor), if known.

5. Payment of $28.00 to the Public Trustee of Douglas County, to execute and record a one-page release form. Include $5.00 for any additional pages that may need to be recorded (i.e. separate legal descriptions, affidavits, etc.).

6. If submitting a release by mail, enclose two (2) stamped, addressed Envelopes in which to return the canceled note and Deed of Trust in one and the recorded release in the other.

Read More

RELEASE FAQS

What is the difference between a Deed of Trust and a Warranty or Quit Claim Deed?

A warranty deed or a quitclaim deed is executed and recorded at the time of sale thereby placing title to the property purchased in the buyer’s name. Also, a quitclaim deed may be executed whenever a person or entity on the title is removed or added.

A Deed of Trust represents the loan you made and used the property as collateral for that loan. The Deed of Trust creates a lien on the property that is removed by a Release of Deed of Trust after the loan has been paid off.  The signed and recorded Release of Deed of Trust is the official record that shows the loan was paid off and the title cleared from that encumbrance.

I pay property tax, why do I have to pay a fee for Public Trustee services?

The Public Trustee Office is funded by user fees. No tax money is used by this office. (C.R.S. 38-37-101(1))

Why can’t I get my Release immediately?

The Public Trustee’s Office has a process whereby Release of Deeds of Trust are reviewed, checked for accuracy, and executed (signed by an officer of this office). These releases are then sent to the Clerk and Recorder for recording.

Why do you need to see the original note? Can’t I give you a copy or have the lender sign a statement?

The Public Trustee must be presented with original note in order to process a Request for Release of Deed of Trust unless the lender is a federal or state-chartered financial institution (C.R.S 38-38-100.3 (20)).

I paid off my loan and my mortgage company has not released the lien. What can you do?

Your mortgage company or lender has a legal obligation to provide the Public Trustee with the proper documents to release the lien from your property within ninety days of the debt being satisfied. If your lender fails to comply with Colorado law in this regard, please contact your legal advisor. This office does not have the authority to enforce this law.

Can you tell me if my mortgage company has sent in the documents to release my Deed of Trust?

The Public Trustee’s Office receives many Releases of Deed of Trust every day. Therefore, we are unable to determine if your release was received on any given day. Please be assured that your release will be processed in the order it was received.

I have received the recorded release but not the Note and Deed of Trust. Why would you return these documents to the mortgage company?

Our policy is to return documents to the entity that submitted them unless otherwise instructed