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Release of Deed of Trust Documentation Checklist

The following documentation is required to release a Deed of Trust in Larimer County, Colorado. Failure to provide any of the required documentation will result in a rejection of the request for release, and it must be resubmitted

The request for release must be executed and signed by the Public Trustee for the county where the property lies and only if the Public Trustee is named on the Deed of Trust. For Deeds of Trust recorded in the wrong county, contact your local Public Trustee.

  • A Request for Release of Deed of Trust form signed by the legal holder of the Promissory Note and properly notarized. 
    • There are two Release of Deed of Trust forms: Without Production of Evidence and With Production of Evidence. Please read carefully to choose the correct form.
    • The form must have proper release margins: A top margin of one inch and right, left and bottom margins of one-half inch. The Larimer Clerk and Recorder may refuse to record any document that does not conform to these requirements.
    • Please include the borrower’s correct address in the designated area on the Release of Deed of Trust form so the Clerk and Recorder can send the original recorded release to the correct party.
  • The original Promissory Note that corresponds with the Deed of Trust, including the principal amount, dates and the number of notes involved. 
    • If the owner of the evidence of debt is a Qualified Holder, as described in C.R.S. 38-38-100.3 (20)(a-l), the Public Trustee may accept, in lieu of the Promissory Note, a Request for a Release of Deed of Trust and Release Without Production of Evidence of Debt form.
    • For non-qualified holders, if the original promissory note has been lost, a Lost Instrument Bond must be furnished.  Download a Lost Instrument Bond Checklist
  • The original Deed of Trust or a legible recorded copy of the full Deed of Trust document, including the legal description and recording information. Recorded copies may be obtained from the Larimer County Clerk and Recorder’s Office. They may be reached at 970-498-7860 or larimer.org/clerk.          
  • A check for the required recording fee for the Release of Deed of Trust form. The first page is $28.00 and additional attached pages are $5.00 per page. Please make checks payable to the Larimer County Public Trustee.
  • If the original note and Deed of Trust do not match exactly, an  Affidavit of Discrepancy must be presented with the release documents.
  • If the holder of the note is a private party and deceased, a copy of the Death Certificate must be provided, as well as a copy of the Letter of Testamentary.
    • The individual appointed by the Letter of Testamentary would be required to sign the Release of Deed of Trust form.
    • If "Joint Tenants" is specifically written in the note, then the other note holder may sign the release and only a copy of the Death Certificate is required.
  • If the request has been mailed, an addressed envelope with proper postage for returning the canceled Original Promissory Note and Deed of Trust is required.

FAQs

  1. A warranty deed or quit claim deed is executed and recorded at the time of sale. Title to real estate is held subject to the Deed of Trust, which is released from the records when it is paid off. If the mortgage loan was assumed from another party, the previous owner's name(s) is listed on the original security instrument (a deed of trust or mortgage); therefore, the lien on record with the local recording jurisdiction is listed in their name(s). Since the release documents provided are to release the lien with the local jurisdiction, it is necessary to list the original borrower on the documents. Please be assured that recording these documents will release the lien from the property.

  2. Our policy is to return documents to the entity that submitted them to us unless otherwise instructed. If we mail your deed to the lender, it will be necessary for you to contact the lender to determine the location of the deed.

  3. The Public Trustee's Office is funded by user fees that are set by Colorado Revised Statutes. We are NOT a tax supported office.

  4. The Public Trustee's Office has a process whereby Release of Deeds of Trust are reviewed, checked for accuracy, and executed (signed and notarized by the Public Trustee or Deputy Public Trustee). These releases are then sent to the Clerk and Recorder for recording. Recorded releases are mailed out by the Clerk & Recorder's office.

  5. The duties of the Public Trustee are set by Colorado Statutes. If the original promissory note has been lost, a Lost Instrument Bond must be furnished as a replacement. The Public Trustee may accept a release of deed of trust without production of the original note only when the owner of the evidence of debt meets the requirements of certain financial institutions as provided for by Colorado Revised Statutes.

  6. Colorado Revised Statutes Section 38-35-124 states that the "creditor or holder of the indebtedness shall, within ninety days after satisfaction of the indebtedness and receipt from the debtor of reasonable cost of procuring and recording the release documents, file with the Public Trustee the documents required for a release as prescribed by section 38-39-102." 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.

  7. The Public Trustee's Office receives many Releases of Deed of Trust daily. Our policy is to provide "walk ins" our immediate attention. All other requests are processed by the date they arrive in the mail. Due to the volume of releases received, there is not an efficient way to track each individual release.