Release of Deed of Trust

*Important policy update

Non-qualified holders
Policy regarding same day releases

If you require a Release of Deed of Trust to be recorded same day, you will need to schedule an appointment with the Public Trustee’s office by calling 970-384-3451. In addition, you must have cash or two separate checks: One for the Garfield County Public Trustee fees and one for the recording fees made out to the Garfield County Clerk and Recorder.

*Important policy update

Please note that as of July 1, 2024, the Public Trustee fee is now $30. That means for a 1-page release, the fee is $43 (plus an additional $5 for each additional page).

As of August 1, 2022, the Garfield County Public Trustee’s Office no longer accepts physical, paper filings for Releases of Deed of Trust Without Production for Qualified Holders. Please see Release of DOT policy on how to properly comply with this policy change.

Qualified Holders

Qualified Holders will be required to utilize current electronic filing systems, such as Simplifile and CSC eRecording, to process Releases of Deeds of Trust.  For more information on these systems, contact:

Benefits

The benefits to you, your customers, and the Garfield County community are very real.

• Reduce the time needed to process your releases.
• Eliminate 15 processing steps, which improves turnaround time.
• Saves many hours of county staff time per year, which allows us to provide better services.
• Reduces paper usage.
• Reduces process cost.
• Reduces your internal postage, mailing, and overnight mailing costs.
• Reduces the risk of losing critical documents in the mail.

Release of Deed of Trust

A Release of Deed of Trust is a document signed and executed by the current beneficiary of a Deed of Trust. The release form is submitted to the Public Trustee’s Office in the county in which the property is located. The purpose of the release is to remove all or a portion of the lien created by the Deed of Trust. For more information visit the Colorado State Statute web site.

Fees

Make checks payable to Garfield County Public Trustee.

Processing a Release of Deed of Trust

The Public Trustee’s office must have the below items submitted in order to begin processing a release:

1. Request for Release of Deed of Trust
Click on the appropriate link below to print a blank form.
Release of Deed of Trust – With Note
Release of Deed of Trust – Without Note

• When filling out the request for release, please completely fill out the form. Items that are often missed are:
  • The notary acknowledgement which includes the name and title of the person who is signing the request for release.
  • Section indicating where documents are to be returned after processing and recording.
  • County, reception number and book and page, if applicable, of recorded Deed of Trust.

2. Recorded Deed of Trust
Original Deed of Trust or a recorded copy of the Deed of Trust.

3. Original Promissory Note
Promissory Note must be marked paid by the financial institution. If the original lender is a private party, the Note must be marked paid, signed and dated by all payees.

• Original Note must be presented with the Request for Release of Deed of Trust with Evidence of Debt.
  • Individuals or LLC’s etc., must always use this form and present the original Note.
• If you do not have the original note, use the Request for Release without Evidence of Debt. This form may only be used by entities qualified by C.R.S. §38-39-102(1) (a)(I) to indemnify the Public Trustee; i.e. banking institutions, savings and loan, or mortgage companies.

4. Prepaid, self-addressed envelope with return address on it

If you have any questions, please contact us at 970-384-3451.

If an Affidavit for Discrepancy Between Note and Deed of Trust is required, please print and complete the affidavit. A notary is required.