City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee...

38
City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 [email protected]

Transcript of City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee...

Page 1: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

City and County of DenverPublic TrusteeReleases The Process Simplified

Presented by Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindeewagnerdenvergovorg

Good Morning

bull We are glad that you could make it

bull We hope this seminar is helpful to you in your business

bull We are always available to answer additional questions

2

Release Introduction

bull Colorado is a Deed of Trust state

bull If the Public Trustee is named on the original Deed of Trust then the release must be processed through the Public Trusteersquos office

bull If the Public Trustee is not named on the original Deed of Trust or if the Deed of Trust secures an obligation other than an evidence of debt then the lien is considered a Mortgage You should consult legal counsel about how mortgages are released

3

Release Instructions (contrsquod)

bull Releases of deeds of trust can only be released in the county in which they are recorded

bull In the event that a deed of trust is recorded in a different county than it should have been the deed of trust has to be re-recorded in the correct county and then released in the correct county

bull In the event that a deed of trust is properly recorded in multiple counties separate releases of deeds of trust must be completed and recorded in each county where recorded

4

Did You Know

bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust

bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office

bull Make sure that the note and deed of trust are marked paid in full by the bail bond company

5

What is an evidence of debt

CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction

6

What is a Deed of Trust

CRS 38-38-1003

(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale

7

What is ldquoHolder of an evidence of debtrdquo

CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt 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 title 38 CRS the following persons are presumed to be the holder of an evidence of debt

8

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 2: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Good Morning

bull We are glad that you could make it

bull We hope this seminar is helpful to you in your business

bull We are always available to answer additional questions

2

Release Introduction

bull Colorado is a Deed of Trust state

bull If the Public Trustee is named on the original Deed of Trust then the release must be processed through the Public Trusteersquos office

bull If the Public Trustee is not named on the original Deed of Trust or if the Deed of Trust secures an obligation other than an evidence of debt then the lien is considered a Mortgage You should consult legal counsel about how mortgages are released

3

Release Instructions (contrsquod)

bull Releases of deeds of trust can only be released in the county in which they are recorded

bull In the event that a deed of trust is recorded in a different county than it should have been the deed of trust has to be re-recorded in the correct county and then released in the correct county

bull In the event that a deed of trust is properly recorded in multiple counties separate releases of deeds of trust must be completed and recorded in each county where recorded

4

Did You Know

bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust

bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office

bull Make sure that the note and deed of trust are marked paid in full by the bail bond company

5

What is an evidence of debt

CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction

6

What is a Deed of Trust

CRS 38-38-1003

(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale

7

What is ldquoHolder of an evidence of debtrdquo

CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt 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 title 38 CRS the following persons are presumed to be the holder of an evidence of debt

8

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 3: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Release Introduction

bull Colorado is a Deed of Trust state

bull If the Public Trustee is named on the original Deed of Trust then the release must be processed through the Public Trusteersquos office

bull If the Public Trustee is not named on the original Deed of Trust or if the Deed of Trust secures an obligation other than an evidence of debt then the lien is considered a Mortgage You should consult legal counsel about how mortgages are released

3

Release Instructions (contrsquod)

bull Releases of deeds of trust can only be released in the county in which they are recorded

bull In the event that a deed of trust is recorded in a different county than it should have been the deed of trust has to be re-recorded in the correct county and then released in the correct county

bull In the event that a deed of trust is properly recorded in multiple counties separate releases of deeds of trust must be completed and recorded in each county where recorded

4

Did You Know

bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust

bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office

bull Make sure that the note and deed of trust are marked paid in full by the bail bond company

5

What is an evidence of debt

CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction

6

What is a Deed of Trust

CRS 38-38-1003

(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale

7

What is ldquoHolder of an evidence of debtrdquo

CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt 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 title 38 CRS the following persons are presumed to be the holder of an evidence of debt

8

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 4: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Release Instructions (contrsquod)

bull Releases of deeds of trust can only be released in the county in which they are recorded

bull In the event that a deed of trust is recorded in a different county than it should have been the deed of trust has to be re-recorded in the correct county and then released in the correct county

bull In the event that a deed of trust is properly recorded in multiple counties separate releases of deeds of trust must be completed and recorded in each county where recorded

4

Did You Know

bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust

bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office

bull Make sure that the note and deed of trust are marked paid in full by the bail bond company

5

What is an evidence of debt

CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction

6

What is a Deed of Trust

CRS 38-38-1003

(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale

7

What is ldquoHolder of an evidence of debtrdquo

CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt 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 title 38 CRS the following persons are presumed to be the holder of an evidence of debt

8

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 5: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Did You Know

bull Bail Bonds constitute a lien against the property and are accompanied by a note and deed of trust

bull As long as the Public Trustee is listed on the deed of trust the deed of trust can be released through the Public Trusteersquos office

bull Make sure that the note and deed of trust are marked paid in full by the bail bond company

5

What is an evidence of debt

CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction

6

What is a Deed of Trust

CRS 38-38-1003

(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale

7

What is ldquoHolder of an evidence of debtrdquo

CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt 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 title 38 CRS the following persons are presumed to be the holder of an evidence of debt

8

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 6: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

What is an evidence of debt

CRS 38-38-1003 (8) Evidence of debt is a document that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note bond negotiable instrument a loan credit or similar agreement or a monetary judgment entered by a court of competent jurisdiction

6

What is a Deed of Trust

CRS 38-38-1003

(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale

7

What is ldquoHolder of an evidence of debtrdquo

CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt 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 title 38 CRS the following persons are presumed to be the holder of an evidence of debt

8

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 7: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

What is a Deed of Trust

CRS 38-38-1003

(7) Deed of Trust means a security instrument containing a grant to a public trustee together with a power of sale

7

What is ldquoHolder of an evidence of debtrdquo

CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt 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 title 38 CRS the following persons are presumed to be the holder of an evidence of debt

8

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 8: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

What is ldquoHolder of an evidence of debtrdquo

CRS 38-38-1003 (10) Holder of an evidence of debt means the person in actual possession of or person entitled to enforce an evidence of debt except that holder of an evidence of debt 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 title 38 CRS the following persons are presumed to be the holder of an evidence of debt

8

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 9: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Holder of Evidence of Debt (contrsquod)

(a) The person who is the obligee of and who is in possession of an original evidence of debt

(b) The person in possession of an original evidence of debt together with the proper endorsement or assignment thereof to such person in accordance with section 38-38-101 (6)

(c) The person in possession of a negotiable instrument evidencing a debt which has been duly negotiated to such person or to bearer or indorsed in blank or

(d) The person in possession of an evidence of debt with authority which may be granted by the original evidence of debt or deed of trust to enforce the evidence of debt as agent nominee or trustee or in a similar capacity for the obligee of the evidence of debt

9

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 10: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

What is a Qualified Holder

38-38-1003 (20) Qualified holder means a holder of an evidence of debt certificate of purchase certificate of redemption or confirmation deed that is also one of the following

(a) A bank as defined in section 11-101-401 (5) CRS

(b) A federally chartered savings and loan association doing business in Colorado or a savings and loan association chartered under the Savings and Loan Association Law articles 40 to 46 of title 11 CRS (c) A supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS and that is either

10

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 11: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Qualified Holder (contrsquod)

(d) (I) A public entity which is an entity that has issued voting securities that are listed on a national security exchange registered under the federal Securities Exchange Act of 1934 as amended or

(d)(II) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity

(e) An entity in which all of the outstanding voting securities are held directly or indirectly by a public entity that also owns directly or indirectly all of the voting securities of a supervised lender as defined in section 5-1-301 (46) CRS that is licensed to make supervised loans pursuant to section 5-2-302 CRS

(f) A federal housing administration approved mortgagee

(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101 CRS

(h) An agency or department of the federal government

11

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 12: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Qualified Holder (contrsquod)

(i) An entity created or sponsored by the federal or state government that originates insures guarantees or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt or

(j) Any entity listed in paragraphs (a) to (i) of this subsection (20) acting in the capacity of agent nominee except as otherwise specified in subsection (10) of this section or trustee for another person

Whatndash Typically a Bank or a Credit Union is a Qualified Holder but if

you are neither you should consult with legal counsel

12

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 13: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

What is the difference between a Deed of Trust and a Note

bull A Deed of Trust signifies a lien against the propertyndash The Deed of Trust has information on the property

including the legal description This document must be recorded to be released

bull A Note is the document that identifies the debt and various payment arrangements that must be met to satisfy the lienndash The note lists payment amounts dates and interest to be

paid on the lien This document is rarely recorded

13

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 14: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

What is a Release

bull A release of deed of Trust simply removes the lien of the deed of trust from the property

bull A release of deed of trust is required anytime that the lien is satisfied (Paid off)

bull A release of deed of trust can happen whenndash A property owner pays off the debt on the property in fullndash A Re Finance happensndash A Bond is paid in full (bonds usually have a deed of trust

with them)

14

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 15: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Recording a release

bull Releases must be recorded to take the deed of trust lien off of the property

bull Releases can be processed in person at the Public Trusteersquos office

bull By Mail in hard copybull ORbull Electronically

ndash Electronically is the fastest and best way to record a release

15

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 16: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Why Electronic Processing

bull For several reasonsndash The original documents never leave your office or

file cabinetndash Time saver ndash Cost effectivendash Quicker turnaround (usually within a day or two as

opposed to two weeks by mail or manually)ndash No mailing or driving to the office to complete the

transactionndash Tracking and automatic receipt of the recorded

release16

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 17: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

How do you E-Record

bull Contact any of these three companies for more information of e-recording processcostsndash Cost Contact Info CSC (Corporation Service Company)

bull Contact CSC for pricing using contact info at rightwwweRecordingcom855-200-1150 (toll-free)

ndash eSecureFile (a Property Info company)bull Standard fee is $350 per document However a special pricing structure has been established for new customers filing documents

with Denver County2014 $250 per document2015 $300 per document2016 $350 per documentTo qualify you must say that you were referred by Denver County or that you saw this offer on Denvers websitehttpportalpropertyinfocomesecurefile888-608-1808 (toll-free)

ndash Simplifilebull Annual fee $395 and $5 per document or

No annual fee and $10 per documentwwwSimplifilecom800-460-5657 (toll-free)

17

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 18: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Two different release forms (make sure you are using the correct form )

bull Release of Deed of Trust WITH production of evidence of debt (Requires original Note and copy of the recorded Deed of Trust always used with private lenders)

bull Release of Deed of Trust WITHOUT production of evidence of debt (Requires a copy of the recorded Deed of Trust only for Qualified Holders of the lien)

18

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 19: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

What if there is no original note

bull Then the releasing party must get a lost instrument bond from a surety company for 1 and frac12 times the original loan amount

bull One surety company local in Colorado is Rocky Mountain Surety They can be reached at 303-670-9600 or inforockymountainsuretycom for terms and fees associated with obtaining a lost instrument bond

19

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 20: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Copy of Recorded DOT OK (only for qualified holders)

bull Qualified holders need to supply the Public Trusteersquos office with a copy of the recorded DOT being released along with the Release of DOT form that states WITHOUT evidence of debt

bull The release form indemnifies the Public Trustee and assures that the releasing party will defend the Public Trustee as required by CRS 38-39-102 (3)(a)(1)

20

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 21: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Indemnification Defined

bull Legal Dictionary describes Indemnification asIndemnify

To compensate for loss or damage to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person

Insurance companies indemnify their policyholders against damage caused by such things as fire theft and flooding which are specified by the terms of the contract between the company and the insuredTo guarantee against any loss which another might suffer

Two parties settle a dispute over a contract and one of them may agree to pay any claims which may arise from the contract holding the other harmless

21

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 22: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Two types of Releases

bull Partial Release If the legal description on the DOT lists separate parcels plots or lots (Such as in the case of Condominiums or Townhouses) and if only a portion of the legal description is being released then a partial release is required

bull Full Release If the legal description on the DOT has been paid for in full then a full release is required

22

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 23: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Release forms

Release forms can be found in our office

Online at wwwdenverclerkandrecorderorg

At Bradford Publishing in Denver or perhaps a local office supply store in your area

23

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 24: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

How to complete the forms

24

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 25: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Identical for both forms (Please note the IMPORTANT box in red below)

25

IMPORTANT

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 26: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

With Evidence of debt (3rd section)

26

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 27: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Without Evidence of Debt (3rd Section)

27

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 28: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Bottom section Identical

28

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 29: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Bottom of both forms

29

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 30: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Notary Required

bull The signature of the releasing party regardless of the form being used must be notarized for execution and recording of the release

bull If the form is not notarized the form will be rejected and returned to the submitter

30

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 31: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Costs

bull For processing and executing a release of Deed of Trust is $1500

bull Recording of a one page release is $1100bull An additional $500 is required for each

additional page included in the release(Additional pages usually consist of the legal description of the property)

For a total of $2600 for a one page release $3100 for a two page release $3600 for a three page release etchellip

31

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 32: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Release recorded in error

bull In the event that a release of Deed of Trust is submitted and recorded in error the Public Trustee cannot fix this error

bull The submitter will need to file a legal action with District Court to get the situation remedied

bull Funds submitted with recordings submitted in error will not be refunded

32

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 33: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Reasons for a release to be rejected

33

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 34: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Reasons for rejected release (contrsquod)

34

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 35: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Reasons for rejected release (contrsquod)

35

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 36: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Reasons for rejected release (contrsquod)

36

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 37: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

Reasons for rejected release (contrsquod)

It is important to note that in the event that copies of the note and deed of trust are sent in with the release the copies will not be returned to you

If an original note and deed of trust are sent in please provide a self addressed stamped envelope large enough to accommodate both documents

37

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful
Page 38: City and County of Denver Public Trustee Releases: The Process Simplified Presented by: Sindee Wagner Chief Deputy Public Trustee 720-865-2677 sindee.wagner@denvergov.org.

We hope this was helpful

bull Call with any questions comments or concerns at 720-865-2633

bull Thank you for your time and consideration and have a good day

38

  • City and County of Denver
  • Good Morning
  • Release Introduction
  • Release Instructions (contrsquod)
  • Did You Know
  • What is an evidence of debt
  • What is a Deed of Trust
  • What is ldquoHolder of an evidence of debtrdquo
  • Holder of Evidence of Debt (contrsquod)
  • What is a Qualified Holder
  • Qualified Holder (contrsquod)
  • Slide 12
  • What is the difference between a Deed of Trust and a Note
  • What is a Release
  • Recording a release
  • Why Electronic Processing
  • How do you E-Record
  • Two different release forms (make sure you are using the correct form )
  • What if there is no original note
  • Copy of Recorded DOT OK (only for qualified holders)
  • Indemnification Defined
  • Two types of Releases
  • Release forms
  • How to complete the forms
  • Identical for both forms (Please note the IMPORTANT box in red below)
  • With Evidence of debt (3rd section)
  • Without Evidence of Debt (3rd Section)
  • Bottom section Identical
  • Bottom of both forms
  • Notary Required
  • Costs
  • Release recorded in error
  • Reasons for a release to be rejected
  • Reasons for rejected release (contrsquod)
  • Slide 35
  • Slide 36
  • Slide 37
  • We hope this was helpful