The following documentation is required to release a Deed of Trust in Larimer County, Colorado.
The request for release must be executed and signed by the Public Trustee for the county where the property lies. For Deeds of Trust recorded in the wrong county contact your local Public Trustee.
If the original promissory note has been lost, a Lost Instrument Bond must be furnished for one and a half (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 the internet or contact 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 Qualified Holder, as described in C.R.S. 38-38-100.3 (20)(a-j), the Public Trustee may accept, in lieu of the Promissory Note, a Request of a Deed of Trust and release Without Production of Evidence of Debt.
If the holder of the note is a private party and deceased, a copy of the Death Certificate along with a copy of the will or Personal Representative papers will need to 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, then 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 Larimer County Public Trustee.
Proper release margins are a top margin of one inch and right, left and bottom margins of one-half inch. The Larimer Clerk and Recorder may refuse to record any document that does not conform to these requirements.