CO Release of Deed of Trust Without Evidence

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CO Release of Deed of Trust Without Evidence

Form Document
08/19/2020
V 1

Original Note and Deed of Trust Returned to:  [Enter Data]

 WHEN RECORDED RETURN TO: [Enter Data]

 Prepared/Received by:  [Enter Data]

REQUEST FOR FULL ☐ /PARTIAL ☐

RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OF THE EVIDENCE OF DEBT WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO § 38-39-102 (1) (a) AND (3), COLORADO REVISED STATUTES

 

 

Date

[Enter Original Mortgagor]

Original Grantor (Borrower)

 

Current Address of Original Grantor,

[Enter Assuming Party or Current Owners]

Assuming Party, or Current Owner

 

Check here if current address is unknown

 

    

[Enter Original Mortgagee]

Original Beneficiary (Lender)

[Enter Original Mortgage Date]

Date of Deed of Trust

[Enter Original Mortgage Recorded Date]

Date of Recording and/or Re-Recording of Deed of Trust

[Enter Original Mortgage Document No.]

Recording Information

County   Rcpt. No. and/or File No. and/or Book/Page No. and/or Torrens Reg. No.

 

TO THE PUBLIC TRUSTEE OF

 

COUNTY (The County of the Public Trustee who is the

appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.)

PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE.  The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as:  (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE)

Pursuant to § 38‑39‑102 (3), Colorado Revised Statutes, in support of this Request for Release of Deed of Trust, the undersigned, as the holder of the evidence of debt secured by the Deed of Trust described above, or a Title Insurance Company authorized to request the release of a Deed of Trust pursuant to § 38‑39‑102 (3) (c), Colorado Revised Statutes, in lieu of the production or exhibition of the original evidence of debt with this Request for Release, certifies as follows:

  1.  The purpose of the Deed of Trust has been fully or partially satisfied.

  2   The original evidence of debt is not being exhibited or produced herewith.

  3.  It is one of the following entities (check applicable box):

a. 

The holder of the original evidence of debt that is a qualified holder, as specified in § 38‑39‑102 (3) (a), Colorado Revised Statutes, that agrees that it is obligated to indemnify the Public Trustee for any and all damages, costs, liabilities, and reason- able attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release;

b. 

The holder of the evidence of debt requesting the release of a Deed of Trust without producing or exhibiting the original evidence of debt that delivers to the Public Trustee a Corporate Surety Bond as specified in § 38‑39‑102 (3) (b), Colorado  Revised Statutes; or

c. 

A Title Insurance Company licensed and qualified in Colorado, as specified in § 38‑39‑102 (3) (c), Colorado Revised Statutes, that agrees that it is obligated to indemnify the Public Trustee pursuant to statute as a result of the action of the Public Trustee taken in accordance with this Request for Release and that has caused the indebtedness secured by the Deed of Trust to be satisfied in full, or in the case of a Partial Release, to the extent required by the holder of the indebtedness.

 

 

[Enter Assignee Name]

Name and Address of the Current Holder of the Evidence of Debt Secured by Deed of Trust (Lender)

or name and address of the Title Insurance Company Authorized to Request the Release of a Deed of Trust

 

 

Name, Title and Address of Officer, Agent, or Attorney of the Holder of the Evidence of Debt Secured by Deed of Trust (Lender)

 

 

 

Signature 

 

Signature 

State of

 

, County of

 

 

The foregoing Request for Release was acknowledged before

me on

 

 (date) by

(Notary seal)

 

 

 

 

 

 Date Commission Expires

 

*If applicable, insert title of officer and name of current owner and holder

Notary Public

Witness my hand and official sea

      

RELEASE OF DEED OF TRUST

WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and

WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the current holder of the evidence of debt;

NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging.

 

 

 

Public Trustee                                                         Date

      (Public Trustee use only;                                    (Public Trustee’s Seal)

 

       use appropriate label)

 

 

 

 

Deputy Public Trustee                                             Date

(If applicable: Notary Seal)

(If applicable, Name and Address of Person Creating New Legal Description as Required by § 38-35-106.5, Colorado Revised Statutes.)

No guidelines are available for this form at this time.