Clerk & Recorder

  • What is the difference between a Deed (such as a warranty deed or quit claim deed) and a Deed of Trust?

    A warranty deed or quit claim deed TRANSFERS TITLE or OWNERSHIP of real property. When you purchase property, you usually receive a warranty deed from the seller to you to show that you now own the property. When you obtain a loan in order to purchase property, you usually sign a Promissory Note for the amount of the loan, and a Deed of Trust which, in Colorado, is the "lien" or "mortgage" that secures your payment of the Promissory Note to the lender. When you pay off the loan, the lender will request that the Public Trustee release the Deed of Trust.

  • I paid off my loan and my mortgage company has not released the lien. What can you do?

    Colorado Revised Statutes Section 38-35-124 states that the "creditor or holder of the indebtedness shall, within ninety days after the satisfaction of the indebtedness and receipt from the debtor of the reasonable costs of procuring and recording the release documents... file with the Public Trustee the documents required for a release as prescribed by section 38-39-102." 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.

  • Can you tell me if my mortgage company has sent in the documents to release my deed of trust?

    The Public Trustee's Office receives many Requests for Releases of Deed of Trust daily. Our policy is to provide "walk ins" our immediate attention. All other requests are processed in order by the date they arrived in our office. Therefore, there is no way for us to determine if your release documents have been received on any given day. We MAY have had to REJECT the request for your Release because your lender did not provide all of the required documentation and fees to our office.

  • Why do you need to see the original note?

    It is required by law. The duties of the Public Trustee are set by state statute. If the original promissory note has been lost, a Lost Instrument Bond must be furnished as a replacement. The Public Trustee may accept a request for release of deed of trust without production of the original note only when the owner of the evidence of debt (the lender) meets the requirements of certain financial institutions as provided by the Colorado Revised Statutes.

  • Why can't I get my recording information immediately?

    The Public Trustee's Office has a process whereby Release of Deeds of Trust are reviewed, checked for accuracy, and executed (signed by an officer of this office). These releases are then sent to the Clerk and Recorder for recording. Usually the release of deed of trust is recorded within several days after the Public Trustee's office receives it from the lender.

  • I received the recorded release but not the note and deed of trust. Why do you return these documents to the mortgage company?

    Our policy is to return documents to the entity that submitted them to us unless otherwise instructed. If we were instructed to mail your released deed of trust and note to the lender, it will be necessary for you to contact the lender to determine the location of the documents.

  • Why isn't my name on the release when I am the person who paid off the loan?

    A warranty deed or quit claim deed is executed and recorded at the time of sale. Title to real estate is held subject to the Deed of Trust, which is released from the records when it is paid off. If the mortgage loan was assumed from another party, the previous owner's name(s) is listed on the original security instrument (a deed of trust or mortgage); therefore, the lien on record with the local recording jurisdiction is listed in their name(s).

  • What do I need to do to get a marriage or civil union license?

    For information on obtaining a marriage license view our Marriage License Guide.

  • Can I look up documents online?

    An online search of our records may be done by using the Public Records & Recorded Documents Search. Please contact the Recording Department at 720.523.6020 for assistance.