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A Trust Deed is a general term for a document which contains the terms of a Trust. A Declaration of Trust is a type of Trust Deed and is a document by which the person or people who own an asset declare that they hold it on Trust in specified shares for themselves and or other parties.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
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 (Full) or a portion (Partial) of the property from the lien created by the Deed of Trust.
A promissory note is a promise to pay and includes things such as interest rates, default rates, late fees, penalties, etc. The Deed of Trust makes the promissory note a debt secured by a lien on the subject property. In Colorado a promissory note must include the loan amount, payment schedule and time frame.
In Colorado, real estate purchases in which the purchaser borrows money to pay for property are typically secured with a Deed of Trust. Rather than a mortgage in which the parties are the borrower and the lender, a Deed of Trust is a three-party agreement among a borrower, a lender, and the county Public Trustee.
A recorded (by the County Clerk and Recorder) Deed of Trust is a legal record of the lien against the owner's property. When the terms of the Deed of Trust are satisfied, a request of Release of Deed of Trust must be recorded to remove the lien from the property.
Both are found in Colorado, but the deed of trust to a public trustee is by far the most common. A mortgage is a conditional conveyance of the real estate directly from the mortgagor (borrower) to the mortgagee (lender) to secure the indebtedness described therein.