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.
Colorado Revised Statute Section 38-38-102 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:
Original Promissory Note, which has been marked “paid in full” or “cancelled” by the current owner of the Evidence of Debt; or attorney in fact for the current owner of the Evidence of Debt.
- If the Original Note has been lost or can not be presented, please contact the Office of the Public Trustee for information on acceptable substitutes.
- If the note has been assigned, a copy of the Assignment is required.
- If one of the private lenders is deceased a death certificate must be attached.
- If the Release of Deed of Trust is being done from an Estate, you must supply a copy of the Letters of Appointment of Personal Representative and a copy of the Death Certificate or a Small Estate Affidavit.
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 Pueblo County Clerk and Recorder’s Office at 215 W. 10th Street, Pueblo, Colorado, 719-583-6628.
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 Pueblo County Clerk and Recorder)
Payment of $28.00 to the Public Trustee of Pueblo 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.).
Enclose Two (2) Stamped, Addressed Envelope in which to return the cancelled note and Deed of Trust.
It is our policy to return any incomplete documents to you for correction. These documents will be returned by certified mail, please send a check for the postage amount when you return the completed/corrected documents.