How to Request a Release of Deed of Trust

The current holder of the debt or a title company must submit the Request for Release of Deed of Trust to the Public Trustee in the county where the property is located, even if the Deed of Trust names a Public Trustee from a different county. The Public Trustee inspects all submitted documents for accuracy and completeness. A Request for Release of a Deed of Trust may be rejected for failing to provide correct information. In this case, all documents and payment will be returned to the sender for correction and re-submittal with an explanation of what needs to be corrected. Once the release is approved, the Public Trustee’s office will sign the release form and submit it to the Arapahoe County Clerk and Recorder for recording.

Please enclose a large postage-paid, addressed envelope in which to return original documents. If you do not include a postage-paid envelope, we cannot guarantee return of original documents.

Required Documents for Release of Deed of Trust when Current Holder of Debt is NOT a Qualified Holder in Colorado, as defined in CRS 38-38-100.3(20)

1.    Release of Deed of Trust WITH Production of Evidence Form

The Request for Release of Deed of Trust form must be accurate and complete. The information on the form must match the information on the Deed of Trust. At the top of the form, indicate whether the request is for a Full or Partial release. The form must include the name, address and signature of the current holder of debt (or their agent) and must be notarized.

Please enclose a large postage-paid, addressed envelope in which to return original documents. If you do not include a postage-paid envelope, we cannot guarantee return of original documents.

2.    Original Evidence of Debt

Original Evidence of Debt generally means a Promissory Note secured by the Deed of Trust. This document must be the original and not a copy. Evidence of Debt may also be a bail bond or other surety instrument.

A non-Qualified Holder, private individual or other lender who cannot produce the original Evidence of Debt must submit an original Lost Instrument surety bond in the amount of 1.5x the original principal balance of the Promissory Note. If this applies to you, please call the Public Trustee’s office for more information at 303.730.0071.

3.    Recorded Deed of Trust being Released

Any Request for Release of a Deed of Trust must include either the original or a copy of the recorded Deed of Trust being released. The entire Deed of Trust must be submitted with all pages included and with the legible Arapahoe County Clerk and Recorder’s recording information. Copies of the recorded Deed of Trust may be obtained through the Arapahoe County Clerk and Recorder’s Office in the County Administration building at 5334 S. Prince Street, Littleton, CO, 80120. For more information, please call their office directly at 303.795.4200.

4.    Fees

Each Request for Release of Deed of Trust must include a payment in the form of cash or check only to the Arapahoe County Public Trustee. MONEY ORDERS ARE NOT ACCEPTED. The fee for a one-page release is $28, with $5 for each additional page added on (i.e. attached Notaries, legal description, etc.).

Required Documents for Release of Deed of Trust when Current Holder of Debt IS a Qualified Holder in Colorado, as defined in CRS 38-38-100.3(20)

1.    Release of Deed of Trust WITHOUT Production of Evidence Form

This form should be used when ONE of the following instances applies:

• Option 3A: When the current holder of debt is a qualified holder in Colorado
• Option 3B: When the current holder of debt is NOT a qualified holder and is submitting an original Lost Instrument surety bond in place of the original Promissory Note
• Option 3C: When the entity executing and signing the Request for Release of Deed of Trust is a title company rather than the current holder of debt.

2.    Recorded Deed of Trust

Any Request for Release of Deed of Trust must include either the original or a copy of the recorded Deed of Trust being released. The entire Deed of Trust must be submitted with all pages included and with the legible Arapahoe County Clerk and Recorder’s recording information. Copies of the recorded Deed of Trust may be obtained through the Arapahoe County Clerk and Recorder’s Office in the County Administration building at 5334 S. Prince Street, Littleton, CO, 80120. For more information, please call their office directly at 303.795.4200.

3.    Fees

Each Request for Release of Deed of Trust must include a payment in the form of cash or check only to the Arapahoe County Public Trustee. MONEY ORDERS ARE NOT ACCEPTED. The fee for a one-page release is $28, with $5 for each additional page added on (i.e. attached Notaries, legal description, etc.).

Submitting your Request for Release of Deed of Trust

By Mail or Courier. Certified Mail, FedEx, UPS or courier delivery is recommended to ensure receipt of the documents by the Public Trustee. You may also send through regular mail with the USPS, but receipt by this method is not guaranteed. Please enclose a large postage-paid, addressed envelope in which to return original documents. If you do not include a postage-paid envelope, we cannot guarantee return of original documents.

In Person. A Request for Release of Deed of Trust may be delivered in person to the Public Trustee’s office for processing. We will review all documents while you wait and hand any original documents back to you before you leave. Our office is located at 1610 West Littleton Blvd, Suite 150, Littleton, CO, 80120.

Inquiries on Statue of Request for Release of Deed of Trust

For inquiries on the statue of a Request for Release of Deed of Trust, please contact your lender or the Arapahoe County Clerk and Recorder’s office at 303.795.4200.

The timeframe between a home owner’s payoff and the lender submitting the Request for Release of Deed of Trust may be up to several months, pursuant to Colorado law. The Public Trustee’s office processes thousands of releases each month. With the exception of Requests for Release of Deed of Trust we receive in person, we process requests in the order in which they are received, generally within 10 business days.

If you have any questions, please call the Arapahoe County Public Trustee’s office at 303.730.0071.