Colorado Release of Deed of Trust WITHOUT Production of Evidence Overview

Colorado Release of Deed of Trust WITHOUT Production of Evidence Image
Select County Where the Property is Located

Use this form to Release a Deed of Trust (fully or partially) when the Original Promissory Note is lost or unavailable. The Promissory Note is the production of evidence.
Use this form when:
1. When the current holder of debt is a qualified holder in Colorado. ( 38-39-102. (II) A holder of the original evidence of debt that is a qualified holder, as defined in section 38-38-100.3 (20),
2. When the current holder of debt is NOT a qualified holder and is submitting an original Lost Instrument surety bond in place of the original Promissory Note.
3. When the entity executing and signing the Request for Release of Deed of Trust is a Colorado State Bank, a National Bank, a Colorado chartered Credit Union, Federally chartered Credit Union, or a Title Insurance Company licensed and qualified in Colorado, etc. rather than the current holder of debt.

38-39-102
(1) (a) Except as otherwise provided in paragraph (a) of subsection (3) of this section, a deed of trust to the public trustee, upon compliance with the provisions of the deed of trust, shall be released by the public trustee upon the:
(I) Receipt of a written request from the holder of the evidence of debt secured by the deed of trust, the holder's agent or attorney, or a title insurance company providing an indemnification agreement and affidavit described in paragraph (c) of subsection (3) of this section, which request shall be duly executed and acknowledged;

Note: Legal Size Paper (8.5 x 14 inch) is required.

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

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