city and county of denver public trustee releases: the process simplified presented by: sindee...
TRANSCRIPT
City and County of DenverPublic TrusteeReleases The Process Simplified
Presented by Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindeewagnerdenvergovorg
Good Morning
bull We are glad that you could make it
bull We hope this seminar is helpful to you in your business
bull We are always available to answer additional questions
2
Release Introduction
bull Colorado is a Deed of Trust state
bull If the Public Trustee is named on the original Deed of Trust then the release must be processed through the Public Trusteersquos office
bull If the Public Trustee is not named on the original Deed of Trust or if the Deed of Trust secures an obligation other than an evidence of debt then the lien is considered a Mortgage You should consult legal counsel about how mortgages are released
3
Release Instructions (contrsquod)
bull Releases of deeds of trust can only be released in the county in which they are recorded
bull In the event that a deed of trust is recorded in a different county than it should have been the deed of trust has to be re-recorded in the correct county and then released in the correct county
bull In the event that a deed of trust is properly recorded in multiple counties separate releases of deeds of trust must be completed and recorded in each county where recorded
4
Did You Know
bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust
bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office
bull Make sure that the note and deed of trust are marked paid in full by the bail bond company
5
What is an evidence of debt
CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction
6
What is a Deed of Trust
CRS 38-38-1003
(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale
7
What is ldquoHolder of an evidence of debtrdquo
CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust For the purposes of articles 37 to 40 of title 38 CRS the following persons are presumed to be the holder of an evidence of debt
8
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Good Morning
bull We are glad that you could make it
bull We hope this seminar is helpful to you in your business
bull We are always available to answer additional questions
2
Release Introduction
bull Colorado is a Deed of Trust state
bull If the Public Trustee is named on the original Deed of Trust then the release must be processed through the Public Trusteersquos office
bull If the Public Trustee is not named on the original Deed of Trust or if the Deed of Trust secures an obligation other than an evidence of debt then the lien is considered a Mortgage You should consult legal counsel about how mortgages are released
3
Release Instructions (contrsquod)
bull Releases of deeds of trust can only be released in the county in which they are recorded
bull In the event that a deed of trust is recorded in a different county than it should have been the deed of trust has to be re-recorded in the correct county and then released in the correct county
bull In the event that a deed of trust is properly recorded in multiple counties separate releases of deeds of trust must be completed and recorded in each county where recorded
4
Did You Know
bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust
bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office
bull Make sure that the note and deed of trust are marked paid in full by the bail bond company
5
What is an evidence of debt
CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction
6
What is a Deed of Trust
CRS 38-38-1003
(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale
7
What is ldquoHolder of an evidence of debtrdquo
CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust For the purposes of articles 37 to 40 of title 38 CRS the following persons are presumed to be the holder of an evidence of debt
8
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Release Introduction
bull Colorado is a Deed of Trust state
bull If the Public Trustee is named on the original Deed of Trust then the release must be processed through the Public Trusteersquos office
bull If the Public Trustee is not named on the original Deed of Trust or if the Deed of Trust secures an obligation other than an evidence of debt then the lien is considered a Mortgage You should consult legal counsel about how mortgages are released
3
Release Instructions (contrsquod)
bull Releases of deeds of trust can only be released in the county in which they are recorded
bull In the event that a deed of trust is recorded in a different county than it should have been the deed of trust has to be re-recorded in the correct county and then released in the correct county
bull In the event that a deed of trust is properly recorded in multiple counties separate releases of deeds of trust must be completed and recorded in each county where recorded
4
Did You Know
bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust
bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office
bull Make sure that the note and deed of trust are marked paid in full by the bail bond company
5
What is an evidence of debt
CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction
6
What is a Deed of Trust
CRS 38-38-1003
(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale
7
What is ldquoHolder of an evidence of debtrdquo
CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust For the purposes of articles 37 to 40 of title 38 CRS the following persons are presumed to be the holder of an evidence of debt
8
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Release Instructions (contrsquod)
bull Releases of deeds of trust can only be released in the county in which they are recorded
bull In the event that a deed of trust is recorded in a different county than it should have been the deed of trust has to be re-recorded in the correct county and then released in the correct county
bull In the event that a deed of trust is properly recorded in multiple counties separate releases of deeds of trust must be completed and recorded in each county where recorded
4
Did You Know
bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust
bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office
bull Make sure that the note and deed of trust are marked paid in full by the bail bond company
5
What is an evidence of debt
CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction
6
What is a Deed of Trust
CRS 38-38-1003
(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale
7
What is ldquoHolder of an evidence of debtrdquo
CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust For the purposes of articles 37 to 40 of title 38 CRS the following persons are presumed to be the holder of an evidence of debt
8
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Did You Know
bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust
bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office
bull Make sure that the note and deed of trust are marked paid in full by the bail bond company
5
What is an evidence of debt
CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction
6
What is a Deed of Trust
CRS 38-38-1003
(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale
7
What is ldquoHolder of an evidence of debtrdquo
CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust For the purposes of articles 37 to 40 of title 38 CRS the following persons are presumed to be the holder of an evidence of debt
8
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
What is an evidence of debt
CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction
6
What is a Deed of Trust
CRS 38-38-1003
(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale
7
What is ldquoHolder of an evidence of debtrdquo
CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust For the purposes of articles 37 to 40 of title 38 CRS the following persons are presumed to be the holder of an evidence of debt
8
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
What is a Deed of Trust
CRS 38-38-1003
(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale
7
What is ldquoHolder of an evidence of debtrdquo
CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust For the purposes of articles 37 to 40 of title 38 CRS the following persons are presumed to be the holder of an evidence of debt
8
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
What is ldquoHolder of an evidence of debtrdquo
CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust For the purposes of articles 37 to 40 of title 38 CRS the following persons are presumed to be the holder of an evidence of debt
8
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Holder of Evidence of Debt (contrsquod)
(a) The person who is the obligee of and who is in possession of an original evidence of debt
(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)
(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or
(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt
9
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
What is a Qualified Holder
38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following
(a) A bank as defined in section 11-101-401 (5) CRS
(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either
10
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Qualified Holder (contrsquod)
(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or
(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity
(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS
(f) A federal housing administration approved mortgagee
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS
(h) An agency or department of the federal government
11
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Qualified Holder (contrsquod)
(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or
(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person
Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if
you are neither you should consult with legal counsel
12
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
What is the difference between a Deed of Trust and a Note
bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property
including the legal description This document must be recorded to be released
bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be
paid on the lien This document is rarely recorded
13
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
What is a Release
bull A release of deed of Trust simply removes the lien of the deed of trust from the property
bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)
bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust
with them)
14
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Recording a release
bull Releases must be recorded to take the deed of trust lien off of the property
bull Releases can be processed in person at the Public Trusteersquos office
bull By Mail in hard copybull ORbull Electronically
ndash Electronically is the fastest and best way to record a release
15
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Why Electronic Processing
bull For several reasonsndash The original documents never leave your office or
file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as
opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the
transactionndash Tracking and automatic receipt of the recorded
release16
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
How do you E-Record
bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)
bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)
ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents
with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)
ndash Simplifilebull Annual fee $395 and $5 per document or
No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)
17
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Two different release forms (make sure you are using the correct form )
bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)
bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)
18
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
What if there is no original note
bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount
bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond
19
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Copy of Recorded DOT OK (only for qualified holders)
bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt
bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)
20
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Indemnification Defined
bull Legal Dictionary describes Indemnification asIndemnify
To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person
Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer
Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless
21
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Two types of Releases
bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required
bull Full Release If the legal description on the DOT has been paid for in full then a full release is required
22
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Release forms
Release forms can be found in our office
Online at wwwdenverclerkandrecorderorg
At Bradford Publishing in Denver or perhaps a local office supply store in your area
23
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
How to complete the forms
24
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Identical for both forms (Please note the IMPORTANT box in red below)
25
IMPORTANT
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
With Evidence of debt (3rd section)
26
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Without Evidence of Debt (3rd Section)
27
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Bottom section Identical
28
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Bottom of both forms
29
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Notary Required
bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release
bull If the form is not notarized the form will be rejected and returned to the submitter
30
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Costs
bull For processing and executing a release of Deed of Trust is $1500
bull Recording of a one page release is $1100bull An additional $500 is required for each
additional page included in the release(Additional pages usually consist of the legal description of the property)
For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip
31
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Release recorded in error
bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error
bull The submitter will need to file a legal action with District Court to get the situation remedied
bull Funds submitted with recordings submitted in error will not be refunded
32
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Reasons for a release to be rejected
33
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Reasons for rejected release (contrsquod)
34
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Reasons for rejected release (contrsquod)
35
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Reasons for rejected release (contrsquod)
36
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
Reasons for rejected release (contrsquod)
It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you
If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents
37
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-
We hope this was helpful
bull Call with any questions comments or concerns at 720-865-2633
bull Thank you for your time and consideration and have a good day
38
- City and County of Denver
- Good Morning
- Release Introduction
- Release Instructions (contrsquod)
- Did You Know
- What is an evidence of debt
- What is a Deed of Trust
- What is ldquoHolder of an evidence of debtrdquo
- Holder of Evidence of Debt (contrsquod)
- What is a Qualified Holder
- Qualified Holder (contrsquod)
- Slide 12
- What is the difference between a Deed of Trust and a Note
- What is a Release
- Recording a release
- Why Electronic Processing
- How do you E-Record
- Two different release forms (make sure you are using the correct form )
- What if there is no original note
- Copy of Recorded DOT OK (only for qualified holders)
- Indemnification Defined
- Two types of Releases
- Release forms
- How to complete the forms
- Identical for both forms (Please note the IMPORTANT box in red below)
- With Evidence of debt (3rd section)
- Without Evidence of Debt (3rd Section)
- Bottom section Identical
- Bottom of both forms
- Notary Required
- Costs
- Release recorded in error
- Reasons for a release to be rejected
- Reasons for rejected release (contrsquod)
- Slide 35
- Slide 36
- Slide 37
- We hope this was helpful
-