Release of Deed of Trust
Forms to Request a Release
If you have the original evidence of debt, use the full or partial Release of Deed of Trust with original evidence of debt form.
If you do not have the original evidence of debt and you are one of the entities described in C.R.S. 38-39-102(3.5)(b), such as a Federal Housing Administration Approved Mortgage, a Colorado State Bank, a National Bank, a Colorado chartered Credit Union, or a Federally chartered Credit Union, you may use the full or partial Release of Deed of Trust without original evidence of debt form.
*Please make sure one of the boxes is checked at the top of each Release of Deed of Trust Form. If a box is not checked, the Public Trustee’s Office will return the Release of Deed of Trust and all supporting documentation.
Instruction for Filing Release
To execute a Release of Deed of Trust, it is necessary to submit the following to the Public Trustee’s Office per C.R.S. 38-39-102:
- The ORIGINAL Promissory Note or “Evidence of Debt”, marked “Paid in Full” and signed by the holder or holders of the evidence of debt.*
- The originally recorded Deed of Trust. If the Deed of Trust is lost, a copy showing all the recording information is acceptable.
- The Request for Release of Deed of Trust form, signed by ALL holders of the evidence of debt or their attorney or agent and notarized.
- $28 fee for the execution and recording of a standard one-page release form. $5 for each additional page is required. If the release is a live note or a partial release, an additional $4.50 is required. Please make check payable to Grand County Public Trustee.
- Please provide an addressed, postage-paid envelope to return documents.
*If the “Evidence of Debt” is signed or marked paid by an attorney or agent, it should be indicated on both the evidence of debt and the release form. A letter of authorization or Power of Attorney must be included.
If the original evidence of debt is lost, one of the following must be obtained:
- A Corporate Surety Bond CRS 38-39-102(b)(I) equal to one and one-half times the amount of the original principal amount recited in the Deed of Trust.
- An affidavit and indemnification agreement from a title insurance company licensed and qualified to do business in the State of Colorado.
- Pursuant to C.R.S. 38-39-102(3.5)(b), if the holder is a state, national, or industrial bank, savings and loan institution, a Federal Housing Administration Approved Mortgagee, or Federally-Chartered credit union operating in Colorado, an Indemnification Release of Deed of Trust (Without Production of the Original Evidence of Debt) may be completed that will indemnify the Public Trustee.