- Public Trustee
- Release Deed of Trust
- Required Documentation
The following documentation is required to release a Deed of Trust in Routt County, Colorado.
- Original Promissory Note that corresponds with the Deed of Trust, including the principal amount, dates and the number of notes involved. (Per Colorado Revised Statues C.R.S, we cannot accept a copy)
- Original Deed of Trust or a copy of the recorded instrument. Recorded copies may be obtained from the Office of Routt County Clerk and Recorder, Phone: 970-870-5556
- Request for a Release of Deed of Trust signed by the legal holder of the Promissory Note
- A certified addressed envelope with proper postage for returning the cancelled Note and Deed of Trust.
The request shall be duly executed by the Public Trustee in the county where the property lies
If the original promissory note has been lost, a Lost Instrument Bond must be furnished for 1 1/2 times the amount of the note, A Lost Instrument Bond is a Corporate Surety Bond issued by a company authorized to issue such bonds in the state of Colorado. Please check with your insurance company for further assistance in this matter
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 owner of the evidence of debt is a Financial Institution (as described in paragraph (b) of subsection (3.5) of C.R.S 38-39-102 (1)(a) and (3), the Public Trustee may accept, in lieu of the Promissory Note, a Request of a Deed of Trust that includes a certificate pursuant to C.R.S 38-39-102 (1)(a) and (3).
If the holder of the note is a private party and deceased, a copy of the Death Certificate and a copy of the will or Personal Representative papers must be provided. The person appointed by the will or PR papers would be required to sign the Release of Deed of Trust form; however, if "Joint Tenants" is specifically written in the note, the other note holder may sign the release and only a copy of the Death Certificate is required.
The required fee to record a one-page Release of Deed of Trust is $28.00, additional attached pages are $5.00 per page. Please make checks payable to the Routt County Public Trustee.
Proper release margins are a top margin of one inch and right, left and bottom margins of one-half inch. The Routt Clerk and Recorder may refuse to record any document that does not conform to these requirements.
Request for Release of Deed of Trust forms are available for download.
Release forms must be completed with the required documentation and the following information:
Correct name of borrower/grantor;
Correct name of the original beneficiary/lender;
Correct reception number of the Deed of Trust to be released;
Correct name of the current holder of the evidence of debt or title insurance company authorized to request the Release;
Current address of for the original grantor, assuming party, or current owner;
Notarized signature of the holder of evidence of debt, agent of the holder, or title insurance company authorized to request the Release; Foreign notaries obtained from an US Embassy are accepted.