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Release Deeds of Trust * C.R.S. 38-39-102
To execute a Release of Deed of Trust, it is necessary to submit the following to the Public Trustee’s Office:
- Request for Release of Deed of Trust form signed by all holders of the Evidence of Debt or their attorney or agent. If signed by an agent it must so indicate on the release form. This request shall be duly executed and acknowledged.
- The original Evidence of Debt marked "Paid in Full" and signed by the holder or holders of the Evidence of Debt, or their agent. If signed or marked paid by an agent, it must so indicate on both the Evidence of Debt and Request for Release of Deed of Trust form. If the original Evidence of Debt cannot be produced, the Public Trustee may accept a corporate surety bond issued by a company authorized to issue such bonds in the State of Colorado with the Public Trustee as Obligee, conditioned against the delivery of any such original Evidence of Debt to the damage of the Public Trustee and in a sum equal to one and one half times the original principal amount recited in the Deed of Trust. *Please include additional recording fees of $5.00 per page for the bond.
A "qualified holder" as defined in section 38-38-100.3 may request the release of a deed of trust without producing the original evidence of debt. A "qualified holder" that requests the release of a deed of trust without producing the original evidence of debt shall be deemed to have agreed to indemnify and defend the Public Trustee against any claim made for damages resulting from the action of the Public Trustee taken in accordance with the request.
- The originally recorded Deed of Trust. If this instrument is lost, a certified copy from the Clerk & Recorder's Office or a copy showing the recording information is acceptable.
- A $28.00 Fee for execution and recording a one (1) page standard release form ($5.00 for each additional page). Please enclose a SASE in proper size to return documents.
Mail the documents to: Gilpin County Public Trustee, PO Box 368, Central City, CO 80427 OR Submit them electronically through Simplifile or CSC.