Release Deed of Trust
Release of Deed of Trust
A Release of Deed of Trust is a written request by the mortgage company or lender, their agent or attorney or a title insurance company to the Public Trustee. The purpose of the release is to remove all or a portion of the property from the lien created by a Deed of Trust. A Deed of Trust is an agreement between three parties: the Grantor (owner/borrower), the Beneficiary (lender), and the Public Trustee. When recorded, a Deed of Trust creates a lien against the Grantor's property. When the terms of the Deed of Trust are satisfied, a request of Release of Deed of Trust must be recorded to remove the lien from the property.
Requirements for a Release of Deed of Trust are described in C.R.S. 38-39-102*, and must be precisely followed by the Public Trustee in the county in which the property is located and the lien that is to be released has been recorded.
How To Release a Deed of Trust
A Release of Deed of Trust is signed and executed by the Current Owner of the Evidence of Debt (Lender) when the note is paid in full and then submitted to the Public Trustee of the county where the property is located. The Public Trustee then compares the documents presented for accuracy, signs and executes the release form and then records the release with the County Clerk and Recorder.
Requirements to Release a Deed of Trust
Colorado Revised Statute Section 38-39-102 has set out certain requirements for releasing a Deed of Trust through the Office of the Public Trustee in the county where the property is located. The following documents are to be presented in San Juan County:
1. Original Promissory Note that corresponds exactly with the Deed of Trust, including the principal amount, dates and the number of notes/deeds of trusts involved: Marked Paid in Full. If the original promissory note has been lost, a Lost Instrument Bond must be furnished, or 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(3.5)(a)), 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*.
2. Recorded Deed of Trust, can be the original or a copy. The Clerk and Recorder’s original recording information must be legible. You may obtain a copy from the San Juan County Clerk and Recorder’s Office at 1557 Greene St, Silverton, Colorado, 970-387-5671.
3. Request for Release of Deed of Trust form. The release form must have the following:
- Correct name of Borrower
- Correct name of the owner of the Evidence of Debt (Lender)
- Exact corresponding information on the Deed of Trust and Note
- Recording information of Deed of Trust
- Notarized Signature/Signatures of Lender/Lenders
- Address to where the recorded release is to be sent (this form will be returned by the San Juan County Clerk and Recorder)
4. Payment of $28.00 to the Public Trustee of San Juan County, to execute and record a one page release form. Include $5.00 for any additional pages that may need to be recorded (i.e. separate legal descriptions, affidavits, etc.).
5. Enclose one large stamped, addressed envelope in which to return the cancelled note and Deed of Trust. Without exceptions.
Inquiries About Status of Releases
For inquiries on the status of any release, please contact the San Juan County Treasurer's Office at 970.387.5488 or contact your mortgage lender. The Public Trustee's office processes numerous releases each month and the time lapse between a homeowner's payoff and the release may be several months pursuant to Colorado Revised Statute.