38-39-108. Form of written request for release of a deed of trust without production of the evidence of debt.

Statute text

A written request to a public trustee made pursuant to section 38-39-102 (1)(a) and (3) to release a deed of trust without 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 WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO 38-39-102 (1)(a) and (3), 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 in the Deed of Trust 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.)
Pursuant to 38-39-102 (3), Colorado Revised Statutes, in support of this Request for Release of Deed of Trust, the undersigned, as the holder of the evidence of debt secured by the Deed of Trust described above, or as a title insurance company authorized to request the release of a Deed of Trust pursuant to 38-39-102 (3)(c), Colorado Revised Statutes, in lieu of the production or exhibition of the original evidence of debt with this Request for Release, certifies as follows:
1. The purpose of the Deed of Trust has been fully or partially satisfied.
2. The original evidence of debt is not being exhibited or produced with this request for release of Deed of Trust.
3. It is one of the following entities (check applicable box):
a. [ ] The holder of the original evidence of debt that is a qualified holder, as specified in 38-39-102 (3)(a), Colorado Revised Statutes, that agrees that it is obligated to indemnify the Public Trustee for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release;
b. [ ] The holder of the evidence of debt requesting the release of a Deed of Trust without producing or exhibiting the original evidence of debt that delivers to the Public Trustee a corporate surety bond as specified in 38-39-102 (3)(b), Colorado Revised Statutes;
c. [ ] A title insurance company licensed in Colorado, as specified in 38-39-102 (3)(c), Colorado Revised Statutes, that agrees that it is obligated to indemnify the Public Trustee pursuant to statute as a result of the action of the Public Trustee taken in accordance with this Request for Release and that has caused the indebtedness secured by the Deed of Trust to be satisfied in full, or in the case of a partial release, to the extent required by the holder of the indebtedness; or
d. [ ] A holder, as specified in 38-39-102 (3)(d)(I), Colorado Revised Statutes, that agrees that it is obligated to indemnify the Public Trustee pursuant to statute as a result of the action of the Public Trustee taken in accordance with this Request for Release and that has caused the indebtedness secured by the Deed of Trust to be satisfied in full, or in the case of a partial release, to the extent required by the holder of the indebtedness.
_________________________________________________________
Name and address of the holder of the evidence of debt secured by the Deed of Trust (lender) or name and address of the title insurance company authorized to request the release of a Deed of Trust.
_________________________________________________________
Name, title, and address of officer, agent, or attorney of the holder of the evidence of debt secured by the Deed of Trust (lender).
___________________________________________________________
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 in the Deed of Trust; 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 holder of the evidence of debt or title insurance company authorized to request the release of the Deed of Trust;
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 belonging to the real property.
____________________________________
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. 405, 1, effective July 1. L. 2008: Entire section amended, p. 570, 3, effective April 21. L. 2009: Entire section amended, (HB 09-1207), ch. 164, p. 724, 23, effective September 1. L. 2022: Entire section amended, (SB 22-229), ch. 408, p. 2886, 2, effective August 10.