Office of Public Trustee

The Office of the Public Trustee is responsible for releasing deeds of trust (mortgages) and administering foreclosure proceedings (deeds of trust in default) on properties within Pitkin County.

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 note marked "PAID IN FULL", and signed by the holder or holders of the note, or their agent. If signed or marked paid by an agent, it must so indicate on both the note and the release form. If the note is lost, in its place we must have a lost instruments bond, in the face value of the note, with the Public Trustee as Obligee if the holder of the note is other than a state (Colorado) or national bank or a savings and loan institution licensed to do business in Colorado. If the holder is a state, national bank, industrial bank, Federally or State chartered credit union, (as amended CRS 38-39-102 (3.5)(b), a certified copy of an Indemnification Agreement accompanied by a certified copy of an authorizing resolution passed by the Board of Directors of a bank, as defined in section 11-1-102(2) C.R.S. may be accepted in place of the lost note. Or, in place of the Indemnification, the institution may use a new form that allows for the release without the presentation of the Note. (i.e. Bradford Forms No. 1197)

  • This statute also provides for any agency of the federal government or any federally created corporation which originates, guarantees, or purchases loans to, by affidavit, release any deed of trust with which the note has been lost. The affidavit, as the resolution, must be acceptable in form to the Public Trustee in order of the release to be done. Should a mortgage lender be FHA insured and able to give proof of that, they too may do a resolution.

  • 2. The ORIGINALLY recorded Deed of Trust. A certified copy from the Clerk and Recorder's office or a copy showing the recording information is acceptable.

  • 3. Request for Release of Deed of Trust form, signed by ALL holders of the note or their attorney or agent. If signed by an agent, it must so indicate on the Release form. There are two acknowledgments on the Release form. One is for the Public Trustee's signature and the other is for the beneficiary signature. YOU MUST HAVE THE BENEFICIARY'S SIGNATURE(S) NOTARIZED.

  • 4. $26.00 fee for the execution AND recording for a one page Release. Please include an additional $5.00 for each additional page to be recorded with the Release.


Recording: eRecording - It's fast, easy and efficient.

The office of the Pitkin County Public Trustee is pleased to announce the implementation of eRecording. Our office currently accepts electronically requests for releasing deeds of trust through the following vendors:

www.simplifile.com

    

For additional information please contact


Chief Deputy
Tiffany Wancura
970.920-5170
treasurer@co.pitkin.co.us