Elbert County Assignment of Deed of Trust Form (Colorado)

The following Colorado and Elbert County supplemental forms are included as a courtesy with your order:

When using these Assignment of Deed of Trust forms, the subject real estate must be physically located in Elbert County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Elbert County include:

• Agate
• Elizabeth
• Kiowa
• Matheson
• Simla

Use this form to assign a formerly recorded Deed of Trust to another entity. This form can be used with a public or conventional trustee. Public trustees are primarily used in Colorado, but conventional trustees are also used. [Any deed of trust that names any person other than a public trustee as trustee therein or that secures an obligation other than an evidence of debt shall be deemed and taken to be a mortgage for all purposes and foreclosed only as mortgages are foreclosed in and through the courts; except that any deed of trust that names a public trustee as trustee therein and secures an obligation other than an instrument evidencing a debt shall be released as provided in section 38-39-102 (5).] [38-39-101] / Note: Colorado is the only state at this time to have a Public Trustee System.

38-38-100.3. Definitions (10) "Holder of an evidence of debt" or "holder" means the person in actual possession of or person entitled to enforce an evidence of debt; except that the term 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 this title, the following persons are presumed to be the holder of an evidence of debt:
(b) The person in possession of an original evidence of debt together with the proper indorsement or assignment thereof to such person in accordance with section 38-38-101 (6);

38-38-101. Holder of evidence of debt may elect to foreclose.
(6) Indorsement or assignment. (a) Proper indorsement or assignment of an evidence of debt shall include the original indorsement or assignment or a certified copy of an indorsement or assignment recorded in the county where the property being foreclosed is located.

(Colorado Assignment of DOT Package includes form, guidelines, and completed example) For use in Colorado Only.

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