The following documentation is required to release a Deed of Trust in Larimer County, Colorado.
The request shall be duly executed and acknowledged 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 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 with your insurance company for further assistance in this matter.
**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). See Bradford Publishing Form no. e1241.
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 $26.00, additional attached pages are $5.00 per page. Please make checks payable to the Larimer County Public Trustee.
Title Company Indemnification Releases currently also require an affidavit, (as described in C.R.S. 38-39-102(c) (I)) stating that the title company has caused the indebtedness to be partially or fully satisfied, in addition to the normal indemnity release form. (Bradford form #e1241) This affidavit is more fully described in C.R.S. 38-39-102(c) (I).
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.
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