Releases

The purpose of a Request for Release of Deed of Trust is to remove all or a portion of the property from the lien created by a Deed of Trust. The Request for Release of Deed of Trust must be submitted to the Public Trustee of the county in which the property is located.

Turnaround Time
There is a week turnaround time; for example any Request for Release of Deed of Trust that is received this week will not be processed until the next week.

Records
We do not keep records of the Request for Release of Deed of Trust that we receive or process. We only keep a record of Request for Release of Deed of Trust that were rejected; the information kept for this record is minimal.

Forms
The Request for Release of Deed of Trust forms can be found on the forms and links.

The form to be used for the Request for Release of Deed of Trust depends on if the current holder is a qualified holder pursuant to Colorado Revised State Statute 38-39-102(3).

Submitting a Request for Release of Deed of Trust

Only a qualified holder pursuant to Colorado Revised State Statute 38-39-102(3)(a)(I) can submit a Request for Release of Deed of Trust electronically. Please contact Lynn Wilkey with Simplifile for more information at 800-460-5657.

If the person signing the Request for Release of Deed of Trust is doing so on behalf of the current holder by right of a Power of Attorney or Attorney in Fact the following be must done or the release will be rejected:
  • The Power of Attorney has to be recorded in Pitkin County prior to the Request for Release of Deed of Trust being submitted,
  • The reception number from the recording of the Power of Attorney needs to be reference with the signer name, address, and title portion on the Request for Release of Deed of Trust form,
  • The Power of Attorney must be submitted at the time of the Request for Release of Deed of Trust.
  1. With the Evidence of Debt
  2. Without the Evidence of Debt

Non Qualifying Holder Pursuant to Colorado Revised State Statute38-39-102(3)


Requirements to submit a Request for Release of Deed of Trust in which the holder of the Evidence of Debt is not an entity that can indemnify the Public Trustee pursuant to Colorado Revised Statutes 38-39-102(3)
  • Request for Release of Deed of Trust with the production of evidence of debt
  • The original note (evidence of debt) marked “Paid in Full,” and signed by the holder or holders of the note, or their agent
    • If the note has been lost, in its place we must have a lost instruments bond, in the face value of the note, with the Public Trustee as Oblige if the holder of the note is other than a state (Colorado) or national bank or a savings and loan institution licensed to do business in Colorado.
  • Recorded copy of the Deed of Trust
  • Payment of fees
    • Payment payable to the Pitkin County Public Trustee
    • $28 for a one page release, $5 for each additional page to be recorded
  • Two prepaid return envelopes
The Request for Release of Deed of Trust form (Release with Evidence of Debt) can be found on the forms and links page.