Colorado § 38-39-109 When release of deed of trust is recorded

Colorado Statutes

§ 38-39-109 — When release of deed of trust is recorded

Colorado·Title 38 Property -·Art. Mortgages, Deeds of Trust, and Other Liens

(1)(a) Except as provided in paragraph (b) of this subsection (1), when a release of a deed of trust is presented to the county clerk and recorder for recording, the county clerk and recorder shall return the original release of a deed of trust to the original grantor, assuming party, or current owner using the current address for the original grantor, assuming party, or current owner provided to the public trustee pursuant to section 38-39-102 (1)(a)(IV), (3)(a)(II), (3)(b)(II), or (3)(c)(II).

(b)The county clerk and recorder shall not be required to return the original release of a deed of trust as specified in paragraph (a) of this subsection (1) if the public trustee, in his or her discretion, has released the deed of trust as specified in section 38-39-102 (1)(a)(IV), if a

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(1) (a) Except as
provided in paragraph (b) of this subsection (1), when a release of a deed of trust is
presented to the county clerk and recorder for recording, the county clerk and
recorder shall return the original release of a deed of trust to the original grantor,
assuming party, or current owner using the current address for the original grantor,
assuming party, or current owner provided to the public trustee pursuant to section
38-39-102 (1)(a)(IV), (3)(a)(II), (3)(b)(II), or (3)(c)(II).

(b) The county clerk and recorder shall not be required to return the original
release of a deed of trust as specified in paragraph (a) of this subsection (1) if the
public trustee, in his or her discretion, has released the deed of trust as specified in
section 38-39-102 (1)(a)(IV), if a current address is not provided as specified in
section 38-39-102 (9)(b), or if the release of deed of trust is electronically recorded.

(2) If the original release is returned to the county clerk and recorder as
undeliverable or unable to forward, the county clerk and recorder shall maintain the
original release pursuant to the policy of the office of the clerk and recorder.

(3) Any original grantor, assuming party, or current owner seeking a copy of
a release of a deed of trust after recording shall be subject to appropriate copy
fees pursuant to section 30-1-103, C.R.S.

Colorado § 38-39-109 (When release of deed of trust is recorded) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2008: Entire section added, p. 573, � 4, effective April 21. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2121, � 173, effective August 11. L. 2014: (1)(b) amended, (HB 14-1073), ch. 30, p. 178, � 9, effective July 1.