Deeds of Trust are the preferred method of securing debt on property in Colorado, if the Deed of Trust includes a proper power of sale clause the lender can pursue a public trustee foreclosure in the case of default. The borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default.
("Deed of trust" means a security instrument containing a grant to a public trustee together with a power of sale.) ( 38-38-100.3(7))

A promissory note is a promise to pay and includes things such as interest rates, default rates, late fees, penalties, etc. The Deed of Trust makes the promissory note a debt secured by a lien on the subject property. In Colorado a promissory note must include the loan amount, payment schedule and time frame. Both borrowers and lenders must sign.

For use in Colorado only on residential property, rental property, condominiums, vacant land, second homes and planned units.

(Colorado Deed of Trust Package includes forms, guidelines, and completed examples)

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