Colorado Sample Letter regarding Cancellation of Deed of Trust
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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.
When a real estate loan is satisfied, the lender executes a Request for Release of Deed of Trust with the Public Trustee for the county in which the property is located. The Public Trustee makes sure that the release is accurate and complete, executes the release, and records it with the County Clerk and Recorder.
When a deed of trust/mortgage is paid in full, you can record a Full Reconveyance from the trustee stating publicly that the loan has been paid. The Full Reconveyance Form is completed and signed by the trustee, whose signature must be notarized.
Transactions involving deeds of trust are normally structured, at least in theory, so that the lender/beneficiary gives the borrower/trustor the money to buy the property; the borrower/trustor tenders the money to the seller; the seller executes a grant deed giving the property to the borrower/trustor; and the borrower ...
The trustee holds the legal title until the borrower pays the debt in full, at which point the title to the property transfers to the borrower.
A Trust deed is a legal document that comprises and sets out the terms and conditions of creating and managing a trust. It involves the objective of the trust established , the names of the beneficiaries and the amount of lump sum income they will receive and even the method by which they will receive the payment.
A Release of Deed of Trust is a written request by the mortgage company or lender, their agent or attorney or a title insurance company to the Public Trustee. The purpose of the release is to remove all or a portion of the property from the lien created by a Deed of Trust.
