Release of Deed of Trust

Release of Deed of Trust 



 A Release of Deed of Trust is a document signed and executed by the current beneficiary of a Deed of Trust.  The release form is submitted to the Public Trustee's Office in the county in which the property is located.  The purpose of the release is to remove all (Full) or a portion (Partial) of the property from the lien created by the Deed of Trust.  

A Deed of Trust is a three party instrument used to create voluntary liens in real estate.  The parties to a Deed of Trust are the Grantor, who is the property owner, the Beneficiary, who is the lender and the Public Trustee, who holds certain powers of foreclosure and release.  

A recorded (by the County Clerk and Recorder) Deed of Trust is a legal record of the lien against the owner's property.  When recorded a Deed of Trust creates a lien against the Grantor's property.  When the terms of the Deed of Trust are satisfied, a request of Release of Deed of Trust must be recorded to remove the lien from the property. 

Requirements for a Release of Deed of Trust are described in Colorado Revised Statutes § 38-39-102, and must be precisely followed by the Public Trustee in the county in which the property is located. 

Fees

 
Public Trustee Fee $15.00
Recording Fee $10.00
Recording Fee Surcharge per document $3.00

One Page Release Form Total Fee $28.00
Two Page Release Form  Total Fee $33.00 ($5.00 for each additional page) 
Three Page Release Form  Total Fee $38.00 ($5.00 for each additional page) 

Make check payable to Summit County Public Trustee 

Processing a Release of Deed of Trust 

The Public Trustee's Office must have three items submitted in order to begin processing a Release: 

1. Request for Release of Deed of Trust


Instructions for filling out Request for Release With Production (PDF)
Instructions for filling out Request for Release Without Production (PDF)
  
When filling out the form please completely fill in all parts before "Release Of Deed of Trust" at bottom of release form.  Make sure one of the boxes (Full or Partial) is checked at the top of each Release of Deed of Trust Form. Place a return address on the top front of the release so it can be sent back after recording.  Include a self-addressed stamped envelope for the return of the recorded Request for Release of Deed of Trust form; Note (if applicable) and Deed Of Trust. 

Request for Release of Deed of Trust- With Production
(PDF)
Request for Release of Deed of Trust- Without Production (PDF)

2. Original Promissory Note 

If you have the original evidence of debt (Note) use the full or partial Request for Release of Deed of Trust With Production of Evidence of Debt.  For full releases the note must be marked "Paid in Full", signed and dated by all the holder(s) of the note.  Original Note must be presented with the form. 

If you do not have the original evidence of Debt (Note) and you are one of the entities described in C.R.S. 
§38-39-102 (3) (a) or (b), such as a Federal Housing Administration Approved Mortgage, 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, you may use the full or partial Request for Release of Deed of Trust Without Production of Evidence of Debt.  

3. Recorded Deed of Trust

This document does not need to be the original. A legible recorded copy is acceptable.  Recorded copies can be obtained from the Summit County Clerk and Recorder's Office (970) 453-3470.  

Please submit to our office the above-mentioned documents and fees along with a self addressed envelope and we will execute your release.  Releases can be dropped off at our office located 208 E. Lincoln Ave. Breckenridge, CO 80424 or mailed to PO Box 289 Breckenridge, CO 80424.  If you have any questions, please contact us at (970) 453-3440 or PublicTrustee@SummitCountyCO.gov.