Instructions For Release of Deed of Trust

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Recording: Instructions For Release of Deed of Trust

PITKIN COUNTY PUBLIC TRUSTEE
Thomas Carl Oken, Public Trustee
Tiffany Wancura, Deputy
506 East Main Street, Suite 201, Aspen, Colorado 81611
Telephone (970) 920-5170; Fax (970) 920-5175

To execute a Release of Deed of Trust, it is necessary to submit the following to the Public Trustee's office (CRS 38-39-102):

  1. The ORIGINAL promissory note that corresponds exactly with the Deed of Trust in all recitals including the principal amount, dates, and the number of notes/deeds involved. If this information does not match, please contact our office for the appropriate affidavit.

    The note must also have original signatures. The note must be marked paid and signed byall current legal holders of the note, or the attorney or agent for the holder(s). Please include any assignments of the note to determine the current legal holders of the note. If an attorney signs for a client, we require his/her attorney's registration number. If signed or marked "paid" by an agent, it must indicate "agent" on both the note and the release form. We need notarized authorization for other parties to sign.

    If the note is lost, the following may be accepted in its place:

    1. There is a form (Bradford Form No. 1197) entitled "Request for Release of Deed of Trust and Release (without production of evidence of debt pursuant to CRS 38-39-102(3.5))" that allows for the release without the presentation of the note. A holder which is a Colorado state bank, national bank, industrial bank, a state chartered credit union, a federally chartered credit union doing business in Colorado, or other entity defined in CRS 38-39-102 (3.5)(b) may use this form.

    2. A holder of the note other than an entity described in (a) above must present a lost instruments bond in the face value of the note with the Public Trustee as Obligee.


  2. The original Deed of Trust or a copy of the recorded instrument. A recorded copy can be obtained from the Clerk and Recorder's office, 530 E Main Street, Suite 101, Aspen, Colorado 81611 970-920-5180.


  3. Request for Release of Deed of Trust form, signed by ALL holders (beneficiaries) of the note or their attorney or agent. These signatures must be notarized. [If signed by an agent, it must indicate "agent" on the release form.] Place a return address on this form; the public trustee will complete the "Release of Deed of Trust" portion of the form and forward it to the Clerk and Recorder who will record this document and return it to this address.


  4. $21.00 fee payable to the Public Trustee for the execution and recording ($15 for the Public Trustee; $6 for the Clerk and Recorder) of a one page "Release of Deed of Trust". If the Release of Deed of Trust is more than one page, please include $5.00 for each additional page to be recorded.

For more information, visit Pitkin County Treasurer.