Release Frequently Asked Questions (FAQs)

Following is a list of questions frequently asked of the Office of the Public Trustee. Select your question and you will be linked to the answer.

1. Why isn't my name on the release? I paid off the loan.
2. Why do I have to pay a fee? I pay property taxes.
3. Why can't I get my recording information immediately?
4. Why do you need to see the original note? Can't I give you a copy or have the lender sign a statement?
5. I paid off my loan and my mortgage company has not released the lien. What can you do?
6. Can you tell me if my Mortgage Company has sent in the documents to release my Deed of Trust?
7. I have received the recorded release but not the Note and Deed of Trust. Why would you return these documents to the Mortgage Company?

1. Q: Why isn't my name on the release? I paid off the loan.
   
   A: If the loan was assumed from another party, such as through the execution of a Warranty Deed or Quit Claim Deed, the previous owner's name will still be listed on the Deed of Trust. The information on the Release of Deed of Trust must match the Deed of Trust being released to remove the lien from the county records.
   
   
2. Q Why do I have to pay a fee? I pay property taxes.
   
   A: The Public Trustee's office is funded by user fees. No tax money is used by this office. 
   
   
3. Q: Why can't I get my recording information immediately?
   
   A: The Public Trustee's office has a process whereby Releases of Deeds of Trust are reviewed, checked for accuracy, executed and signed by an officer. These releases are batched and sent to the Clerk and Recorder for recording daily. 
   
   
4. Q: Why do you need to see the original note? Can't I give you a copy or have the lender sign a statement?
   
   A: According to the Colorado Revised Statutes 38-39-102 (11), the Public Trustee must be presented with the original note in order to process a Request for Release of Deed of Trust.
   
   
5. Q: I paid off my loan and my mortgage company has not released the lien. What can you do?
   
   A: Your mortgage company or lender has a legal obligation to provide the Public Trustee with the proper documents to release the lien from your property within ninety days of the debt being satisfied.
   
   If your lender fails to comply with Colorado law in this regard, please contact your legal advisor. This office does not have the authority to enforce this law.
   
   
6. Q: Can you tell me if my mortgage company has sent in the documents to release my Deed of Trust?
   
   A: No, the Public Trustee's office receives many Releases of Deed of Trust every day. Please be assured that your release will be processed quickly in the order it was received.
   
   
7. Q: I have received the recorded release but not the Note and Deed of Trust. Why would you return these documents to the mortgage company?
   
   A: We return the documents to the party designated by the entity that submitted them, unless otherwise instructed.
   

Last Modified: Mar 28, 2009 10:20 PM