A Release of Deed of Trust is a document signed and executed by the current beneficiary of a Deed of Trust. The release form is submitted to the Public Trustee’s Office in the county in which the property is located. The purpose of the release is to remove all or a portion of the lien created by the Deed of Trust. For more information visit http://www.lexisnexis.com/hottopics/Colorado.
If you are unsure whether you have the required documentation or have any concerns about your release request submissions, we suggest that you email these documents to publict@eaglecounty.us prior to final submission for processing. We will pre-review the documents based on legal requirements, and provide confirmation that everything is in good order, or give you details of additional information needed, typically within one business day. There may be exceptions for more complex or irregular submissions. Call us directly at 970-328-8870 with additional questions.
Fees
Recording - First Page $13
Recording - Each Additional Page $5
Public Trustee Fee $15
Process a Release Deed of Trust
The Public Trustee's office must have three items submitted in order to begin processing a Release:
1. Request for Release of Deed of Trust
If you are trying to find a release form, we recommend that you visit Bradford Publishing, or use the links below. Please include a return name and address on your release form.
2. Original Promissory Note
Marked paid must be presented with the Release of Deed of Trust, unless you are using form 1197 (noteless release form). Form 1197 may only be used by banking institutions, savings and loan, or mortgage companies and does not require the submission of the original promissory note.
3. Recorded Deed of Trust
This document does not need to be the original, a recorded copy is acceptable.
Additional documents that may be required:
Affidavit of Discrepancy
If there is a discrepancy in any of the information between the Deed of Trust and the Promissory Note, a notarized affidavit explaining the discrepancy must be presented with the Release of Deed of Trust. This document must be signed and notarized by the beneficiary.
Recorded Release of Deed of Trust
Pursuant to C.R.S. 38-39-109, once a Release of Deed of Trust is recorded with the Clerk and Recorder, the Clerk and Recorder will return the original Release of Deed of Trust to the original grantor, assuming party, or current owner using the current address for the original grantor, assuming party, or current owner provided to the Public Trustee as referenced in paragraph 1 above.
Please make checks payable to Eagle County Public Trustee. If you have any questions, please contact us at 970-328-8870.
Qualified Lender Information
What is a Qualified Holder?
Colorado Revised Statute 38-38-100.3 (20)
Qualified holder means a holder of an evidence of debt, certificate of purchase, certificate of redemption, or confirmation deed that is also one of the following:
(a) A bank as defined in section 11-101-401 (5) C.R.S.;
(c) A federally chartered savings and loan association doing business in Colorado or a savings and loan association charted under the “Savings and Loan Association Law,” articles 40 to 46 of title 11, C.R.S.;
(d) A supervised lender as defined in 5-1-301 (46), C.R.S., that is licensed to make supervised loans pursuant to section 5-2-302, C.R.S., and that is either:
(I) A public entity, which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal “Securities Exchange Act of 1934’, as amended or
(II) An entity in which all of the outstanding voting securities are held, directly or indirectly, by a public entity;
(e) An entity in which all of the outstanding voting securities are held, directly or indirectly, by a public entity that also owns, directly or indirectly, all of the voting securities of a supervised lender as defined in section 5-1-301 (46), C.R.S., that is licensed to make supervised loans pursuant to section 5-2-302, C.R.S.;
(f) A federal housing administration approved mortgagee;
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101, C.R.S.;
(h) An agency or department of the federal government;
(i) An entity created or sponsored by the federal or state government that originates, insures, guarantees, or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt; or
(j) Any community development financial institution fund that has been certified and maintains such current status from the community development financial institutions fund administered by the United States Department of the Treasury, referred to in this section as the “fund”.
(k) Any entity with active certification under the fund that originates, insures, guarantees, or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt of the deed of trust securing an evidence of debt
(k.5) A private company that originates, insures, guaranties, or purchases loans on behalf of a holder of evidence of debt that is secured by a deed of trust encumbering a time share estate as defined in section 38-33-110 (5), with a minimum of five million dollars in assets or not less than one thousand active loans; or
(l) Any entity listed in paragraphs (a) to (k) of this subsection (20) acting in the capacity of agent, nominee except as otherwise specified in subsection (10) of this section, or trustee for another person.
If you are unsure whether you have the required documentation or have any concerns about your release request submissions, we suggest that you email these documents to publict@eaglecounty.us prior to final submission for processing. We will pre-review the documents based on legal requirements, and provide confirmation that everything is in good order, or give you details of additional information needed, typically within one business day. There may be exceptions for more complex or irregular submissions. Call us directly at 970-328-8870 with additional questions.
Fees
Recording - First Page $13
Recording - Each Additional Page $5
Public Trustee Fee $15
Process a Release Deed of Trust
The Public Trustee's office must have three items submitted in order to begin processing a Release:
1. Request for Release of Deed of Trust
If you are trying to find a release form, we recommend that you visit Bradford Publishing, or use the links below. Please include a return name and address on your release form.
2. Original Promissory Note
Marked paid must be presented with the Release of Deed of Trust, unless you are using form 1197 (noteless release form). Form 1197 may only be used by banking institutions, savings and loan, or mortgage companies and does not require the submission of the original promissory note.
3. Recorded Deed of Trust
This document does not need to be the original, a recorded copy is acceptable.
Additional documents that may be required:
Affidavit of Discrepancy
If there is a discrepancy in any of the information between the Deed of Trust and the Promissory Note, a notarized affidavit explaining the discrepancy must be presented with the Release of Deed of Trust. This document must be signed and notarized by the beneficiary.
Recorded Release of Deed of Trust
Pursuant to C.R.S. 38-39-109, once a Release of Deed of Trust is recorded with the Clerk and Recorder, the Clerk and Recorder will return the original Release of Deed of Trust to the original grantor, assuming party, or current owner using the current address for the original grantor, assuming party, or current owner provided to the Public Trustee as referenced in paragraph 1 above.
Please make checks payable to Eagle County Public Trustee. If you have any questions, please contact us at 970-328-8870.
Qualified Lender Information
What is a Qualified Holder?
Colorado Revised Statute 38-38-100.3 (20)
Qualified holder means a holder of an evidence of debt, certificate of purchase, certificate of redemption, or confirmation deed that is also one of the following:
(a) A bank as defined in section 11-101-401 (5) C.R.S.;
(c) A federally chartered savings and loan association doing business in Colorado or a savings and loan association charted under the “Savings and Loan Association Law,” articles 40 to 46 of title 11, C.R.S.;
(d) A supervised lender as defined in 5-1-301 (46), C.R.S., that is licensed to make supervised loans pursuant to section 5-2-302, C.R.S., and that is either:
(I) A public entity, which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal “Securities Exchange Act of 1934’, as amended or
(II) An entity in which all of the outstanding voting securities are held, directly or indirectly, by a public entity;
(e) An entity in which all of the outstanding voting securities are held, directly or indirectly, by a public entity that also owns, directly or indirectly, all of the voting securities of a supervised lender as defined in section 5-1-301 (46), C.R.S., that is licensed to make supervised loans pursuant to section 5-2-302, C.R.S.;
(f) A federal housing administration approved mortgagee;
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101, C.R.S.;
(h) An agency or department of the federal government;
(i) An entity created or sponsored by the federal or state government that originates, insures, guarantees, or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt; or
(j) Any community development financial institution fund that has been certified and maintains such current status from the community development financial institutions fund administered by the United States Department of the Treasury, referred to in this section as the “fund”.
(k) Any entity with active certification under the fund that originates, insures, guarantees, or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt of the deed of trust securing an evidence of debt
(k.5) A private company that originates, insures, guaranties, or purchases loans on behalf of a holder of evidence of debt that is secured by a deed of trust encumbering a time share estate as defined in section 38-33-110 (5), with a minimum of five million dollars in assets or not less than one thousand active loans; or
(l) Any entity listed in paragraphs (a) to (k) of this subsection (20) acting in the capacity of agent, nominee except as otherwise specified in subsection (10) of this section, or trustee for another person.
- Credit unions can be researched at https://mapping.ncua.gov/ResearchCreditUnion.aspx
- Banks can be researched at https://www.occ.gov/topics/charters-and-licensing/financial-institution-lists/index-financial-institution-lists.html
- HUD - approved mortgagees can be researched at https://www.hud.gov/program_offices/housing/sfh/lender/lenderlist
- State - Supervised lenders can be researched at https://coag.gov/office-sections/consumer-protection/consumer-credit-unit/uniform-consumer-credit-code/. These lenders are only qualified holders if they are also public entities.
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