38-39-107. Form of written request for release of a deed of trust with production of the evidence of debt.

Statute text

A written request to a public trustee made pursuant to section 38-39-102 (1)(a) to release a deed of trust with production of the original canceled evidence of debt may be in substantially the following form:

 

Original Note and Deed of Trust Returned to:
When recorded return to:
Prepared/Received by:

 

REQUEST FOR FULL [ ] / PARTIAL [ ]
RELEASE OF DEED OF TRUST AND RELEASE
BY HOLDER OF THE EVIDENCE OF DEBT WITH
PRODUCTION OF EVIDENCE OF DEBT PURSUANT
TO 38-39-102 (1)(a), COLORADO REVISED STATUTES

 

___________________________ Date
___________________________ Original Grantor (Borrower)
___________________________
___________________________ Current Address of Original Grantor,
___________________________ Assuming Party, or Current Owner
[ ] Check here if current address is unknown.
___________________________ Original Beneficiary (Lender)
___________________________
___________________________ Date of Deed of Trust
___________________________ Date of Recording and/or Re-Recording of Deed of Trust
___________________________ Recording Information
County Rcpt. No. and/or Film No. and/or Book/Page No. and/or Torrens Reg. No.
TO THE PUBLIC TRUSTEE OF COUNTY
(The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust)
PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as:
_________________________________________________________
(IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE.)
Name and address of current holder of the evidence of debt secured by deed of trust (lender)
_________________________________________________________
Name, title, and address of officer, agent, or attorney of current holder
___________________________________________________________
Signature Signature
State of , County of
The foregoing Request for Release was acknowledged before me on
(Date) by* (Notary Seal)
_______________________________Date Commission Expires
*If applicable, insert title of officer and name of current holder
____________________________________
Notary Public Witness my hand and official seal

 

RELEASE OF DEED OF TRUST

 

WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the current holder of the evidence of debt;
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel, and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging.
___________________________________
Public Trustee
____________________________________
Deputy Public Trustee
(Public Trustee use only; use appropriate label)
(Public Trustee's seal)
(If applicable: Notary Seal)
___________________________________________________________
(If applicable, name and address of person creating new legal description as required by 38-35-106.5, Colorado Revised Statutes.)

History

Source: L. 2007: Entire section added, p. 403, 1, effective July 1. L. 2008: Entire section amended, p. 569, 2, effective April 21. L. 2009: Entire section amended, (HB 09-1207), ch. 164, p. 722, 22, effective September 1.