2011Quadrennial - Colorado County Treasurers` and Public

February 14, 15, 16, 2011
2011 CCTA/CTPA Quadrennial
February 14, 15 and 16
Southwest Weld Office
4209 WCR 24 ½, Longmont
Hosted by Weld County Treasurer’s Office
Monday, February 14, 2011 - PUBLIC TRUSTEES’ TRAINING
9:00 – 9:30
Welcome, Introductions and Overview
9:30 – 10:15
Releases and Tax Escrow
10:15 – 10:30
10:30 – 11:30
Continue Releases and Tax Escrow
11:30 – 12:30
12:30 – 2:30
Foreclosures, Bankruptcies, and Financials
2:30 – 2:45
2:45 – 4:30
Continue prior subjects (wrap-up & review), Customer Relations and Website Info
Tuesday, February 15, 2011 - TREASURERS’ TRAINING
9:00 – 10:00
Welcome, Introductions and Overview
10:00 – 10:45
Tax types, Certifications, Special Assessments, SIDS, TIFS,
Tax Notices, SB 25, Electronic Notices
10:45 – 11:00
Tuesday, February 15, 2011 - TREASURERS’ TRAINING CONTINUED
11:00 – 12:00
Tax Collections, Interest Chart, Deadlines, Collection Fees, Month-end
Processing, City’s Share, SO, Distribution, Treasurer Fees, Reports to
Commissioners, 6-Month Reports
12:00 – 1:00
1:00 – 2:00
Abatements, Exemptions, Omitted Property, Senior & Veterans
Homestead Exemptions, Reports to State
2:00 – 2:30
Certificate of Taxes Due
2:30 – 3:00
3:00 – 3:30
3:30 – 4:00
4:00 – 4:30
Customer Relations
Wednesday, February 16, 2011 - TREASURERS’ TRAINING CONTINUED
9:00 – 10:00
Delinquent Tax Notices, Advertising, Distraints, Endorsements,
Mobile Home Notifications, Severed Mineral Notification
10:00 – 10:30 Tax Lien Sale, County Employee, Types of Bidding (Round robin,
Online, Straight auction), Funds Accepted, Certification to Clerk
10:30 – 11:00
11:00 – 11:30
Redemptions, Mechanics, Certified Funds, Assignment of Certificates
11:30 – 12:30
12:30 – 1:30
Treasurer’s Deeds
 Release
of Deed of Trust
 Escrow Agent
 Foreclosures
 Bankruptcy; Temporary
Restraining Order, Preliminary
 Financial
Jeannie Whiddon
District 1: Garfield, Grand, Jackson, Moffat, Rio Blanco & Routt
Steve Ellington
District 2: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso,
Jefferson, Larimer, Pueblo & Weld
Bob Sagel
District 3: Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Morgan, Phillips,
Sedgwick, Washington & Yuma
Kerry Carl
District 4: Eagle, Gunnison, Hinsdale, Lake, Pitkin & Summit
Irene Kincade
District 5: Chaffee, Clear Creek, Custer, Fremont, Gilpin, Park & Teller
Rosemary Murphy
District 6: Archuleta, Delta, Dolores, La Plata, Mesa, Montezuma, Montrose,
Ouray, San Juan & San Miguel
Lois Widhalm
District 7: Alamosa, Conejos, Costilla, Huerfano, Mineral, Rio Grande &
Susan Cochell
District 8: Baca, Bent, Crowley, Kiowa, Las Animas, Otero & Prowers
Property Taxes & Duties
 Tax Notices
 Tax Collection, Month End, Distribution
 Abatements, Exemptions, Reports to State
 Certificate of Taxes Due
 Investments
 Bankruptcy
 Customers
 Pre Sale & Tax Lien Sale, Redemptions
 Treasurer’s Deed
10th of each month: Distribution
 January
-Mail Tax Statements
-Post Pre-Payments
-1099’s for redemption interest paid
-Change in bank BOCC certification
-1st Half Payment Due Postmarked February 28th
-Mail 1098 to IRS
•10th of each month: Distribution
-School District Interim Distribution
-Full Payment Due April 30th
-School District Interim Distribution
-2nd Half Payment Due June 15th
-School District Interim Distribution
-Mail Delinquent Personal Property Tax Statements
-Mail Delinquent Real Property Tax Statements
-Mail subtax notices (15 days after delinquent notices)
10th of each month: Distribution
 August
-Abatements and omitted reports to Assessor
-Abatement report to state
-Delinquent Personal Property Publication
– If applicable
-1st Delinquent Mobile Home Publication
– If applicable
-Delinquent Real Estate Publication
(3 consecutive weeks, last pub one full week
prior to sale)
10th of each month: Distribution
 October, November or December
-Tax Lien Sale 2nd Monday of December
-Input new mill levies
-Input old and new Special Districts
-One year assessments from other entities
-Tax roll and notice processing
Jeannie Whiddon
District 1: Garfield, Grand, Jackson, Moffat, Rio Blanco & Routt
Steve Ellington
District 2: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso,
Jefferson, Larimer, Pueblo & Weld
Bob Sagel
District 3: Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Morgan, Phillips,
Sedgwick, Washington & Yuma
Kerry Carl
District 4: Eagle, Gunnison, Hinsdale, Lake, Pitkin & Summit
Irene Kincade
District 5: Chaffee, Clear Creek, Custer, Fremont, Gilpin, Park & Teller
Rosemary Murphy
District 6: Archuleta, Delta, Dolores, La Plata, Mesa, Montezuma, Montrose,
Ouray, San Juan & San Miguel
Lois Widhalm
District 7: Alamosa, Conejos, Costilla, Huerfano, Mineral, Rio Grande &
Susan Cochell
District 8: Baca, Bent, Crowley, Kiowa, Las Animas, Otero & Prowers
Presented by
Carol Snyder
Adams County Public Trustee
38-39-101 et seq. C.R.S.
The statutory provisions related to releasing Deeds of
Trust are in Title 38, Article 39 of the Colorado Revised
Statutes (CRS).
Any deed of trust that names any person other than the
Public Trustee (PT) as “trustee” or that secures an
obligation other than an evidence of debt (EOD) shall be
deemed a MORTGAGE and foreclosed as a mortgage
(through the courts).
Except any deed of trust that names a PT as “trustee” and
secures an obligation other than an instrument
evidencing a debt SHALL BE RELEASED as set forth in
Assuming Party – the person or entity that has officially assumed
responsibility for payment of the loan – usually by an Assumption
Agreement or similar documentation
 Current Address of Original Grantor – If the borrower (grantor)
has MOVED and the holder (lender) has a current address for that
party it is to be provided or a check box is provided to indicate the
current address is unknown
 Current Owner – the original borrower may have sold or
transferred title to the property without doing a formal Assumption
of the loan – the current owner is the person/entity currently
holding title/ownership of the property even though the DOT may
have been signed by the previous owner of the property. NOTE:
Request for Release form will show ORIGINAL borrower name(s) even
if someone else currently owns the property and is asking for the Release
– the lien needs to come off the Clerk’s records the same way it went onto
the Clerk’s records
Certified Copy – a copy of a recorded document
certified to be true and correct by the Clerk & Recorder
of the County where the document was recorded
 Corporate Surety Bond – a bond issued by a person
authorized to issue bonds in COLORADO with the PT
as obligee conditioned against the delivery of an
original evidence of debt to the damage of the PT
 Deed of Trust (DOT) – does NOT convey title to real
property but is a lien on real property to secure payment
of an indebtedness and contains a grant of the property
to the Public Trustee for the benefit of the Holder, and
grants to the PT a power of sale (which allows PT
Evidence of Debt (EOD) – a writing that evidences a
promise to pay or a right to payment of a monetary
obligation – promissory note, loan, credit or similar
agreement or a monetary court judgment
 HOLDER of an EOD – means the person:
– In actual possession of, or
– Entitled to enforce an EOD
EXCEPT “holder” does NOT include a person acting
as a nominee solely for the purpose of holding the
EOD or DOT as an electronic registry without any
authority to enforce the debt (Mortgage Electronic
Registration Systems – MERS)
— Presumed to be the HOLDER: (a) person who is the
obligee of EOD and is in possession of an ORIGINAL
(b) person in possession of original EOD with proper
indorsement or assignment to such person (assignment
does NOT need to be recorded per Colorado law),
(c) person in possession of negotiable instrument
evidencing a debt, which has been duly negotiated to
such person or to bearer or indorsed in blank; or
(d) person in possession of an EOD with authority to
enforce EOD (authority may be granted by original EOD
or DOT) as agent, nominee, trustee or similar capacity
for the obligee of the EOD.
Person – any individual, corporation, government or
governmental subdivision or agency, business trust, estate,
trust, LLC, partnership, association or other legal entity.
Qualified Holder – holder of EOD that is ALSO one of the
following (see 38-38-100.3(20)):
(a) a bank
(b) an industrial bank
(c) a federally chartered savings & loan doing business
in Colorado, or a state -chartered savings & loan
association per Title 11, Articles 40 – 46 CRS
(d) a supervised lender licensed to make supervised
loans, AND that is either:
(I)a public entity that has issued voting
securities listed on a national security exchange
registered under the Securities Exchange Act, or
(II) an entity whose all outstanding voting
securities are held, directly or indirectly, by a public
(e) an entity in which ALL outstanding voting
securities are held by a public entity that also owns all of
the voting securities of a supervised lender, licensed to
make supervised loans
(f) an FHA approved mortgagee
(g) a federal or state chartered credit union doing
business in Colorado
(h) an agency or department of the federal
(i) an entity created or sponsored by the federal or
state government that originates, insures, guarantees or
purchases loans, or a person acting on behalf of such
entity to enforce an EOD or the DOT, or
(j) an entity listed in (a) to (i) above, acting as agent,
nominee or trustee for another person EXCEPT as set
forth in subsection (10) of this section.
WRITTEN, duly executed and acknowledged request from the
HOLDER of the EOD, holder’s agent or attorney, or a title insurance
company providing an indemnification agreement and affidavit
Production of the ORIGINAL EOD (except if Qualified Holder or title
company or if original EOD is lost a Surety Bond)
Receipt of the PT fee ($15) and recording fees ($11 for 1st page PLUS
$5 per additional page)
Receipt of a current address of original grantor, assuming party or
current owner (or notice that they have no such current address) – PT
discretion to release without current address information
Original recorded DOT or a legible copy (copy of AT LEAST pages
showing Clerk’s stamp of recording information, names of lender and
borrowers, and signature pages of DOT)
38-39-102(3) allows Qualified Holders to request
Releases without production of the original EOD
because they provide indemnities to the PT
 38-39-102(3)(c) allows Colorado licensed title
insurance companies to request a Release without
production of the original EOD – they are deemed to
have agreed to indemnify and defend PT against
damage claims for processing the Release. Affidavit
(in standard form) MUST be provided by title
insurance company.
Anyone NOT a Qualified Holder or title insurance company
requesting a Release without production of the original EOD
must provide to the PT a corporate Surety Bond in an amount 1.5
times the ORIGINAL principal balance recited in the DOT.
Bond shall be effective for 6 years from date of recording of
Release, or other time period required by Colorado statutes of
limitations, whichever is less, OR
Until such time as any claim made against the PT within such time
period is resolved, whichever is longer.
Surety Bond is retained by PT in safekeeping in event it is
PT fees must include fees for recording BOND as well as the
Release of DOT
PT May Request “Evidence” of Current
You MAY request evidence satisfactory to you that the
person/entity signing the Request for Release of Deed of Trust is
 “Evidence” might be copies of the indorsements, assignments or
allonges to the EOD or might be a servicing agreement that allows
the servicer to enforce the EOD and to release it
 An “agent” or “nominee” is usually NOT the current HOLDER of
the EOD
 MERS is usually NOT the current HOLDER of the EOD unless
the EOD is actually payable to MERS
knowledgeable and available) or HIRE AN ATTORNEY (the
PTAC attorney Rich Krohn will work for individual PTs but YOU
will be obligated to pay him) to ask legal questions!
Forms for full and partial Releases are on the PT Association’s
website and on many county PT websites – these forms are set forth
in Colorado Statutes (38-39-107 and 38-39-108)
Forms received for Releases “may be in substantially the … form”
set forth in law, but do NOT have to be exactly as shown in CRS
One form (without production of original EOD) is for use by
QUALIFIED HOLDERS or title companies or by anyone else with
production of a Surety Bond (Adams County RECORDS the Surety
Bond as a separate document returned to US after recordation;
REMEMBER to collect recording fees for the Surety Bond)
The other form is for use by ANYONE (with production of original
EOD) – HOWEVER, we do not routinely reject a Request for
Release on the WRONG “with production” form but we NOTE on
the face of it that a Surety Bond was provided in lieu of the original
EOD if that’s the case
Check DOT first to make sure it is “granted or conveyed” to PT
and that property is located in YOUR county
IF property is NOT located in YOUR county but DOT was
recorded in your county IN ERROR, you may process the
Release but notify submitter that it should ALSO be released and
recorded in the county where the property is located
IF property IS located in YOUR county but DOT was recorded
in another county IN ERROR, you should process the Release
and notify submitter that it should also be released and recorded
in the county where it was recorded in error
If NO LEGAL DESCRIPTION is provided on Request for
Release form, it is “deemed to be a FULL Release” even if the
“Partial” box is checked on the form. If it is to be a PARTIAL
RELEASE, must have legal shown on form or in an
attachment (exhibit).
PT is to examine Request for Release and presented
documents to assure information is correct – names,
dates, recording information and, if a Partial Release,
that legal description appears to be some portion of the
total property encumbered by the DOT – same
subdivision or Township/Section/Range
 Appropriate box on form should be checked on
Request for Release WITHOUT production of EOD to
indicate whether a Qualified Holder or Title Insurance
Company is submitting the Request or if Surety Bond
is submitted.
Affidavit of Discrepancy
Some PTs accept a notarized Affidavit of
Discrepancy from the submitter if there are
“minor differences” between the EOD and the
DOT relating to:
– Dates
– Amounts
– Misspelled names (transposed letters) but NOT
completely different names
NOTE: The Affidavit of Discrepancy could be an
exhibit to the Request for Release or it could be
recorded as a separate document (PT preference)
Be SURE you have an address for return of Release (once it is
recorded by Clerk) and for return of other submitted
documents (note and DOT). If unknown or not indicated on
Request form, send back to submitter – MOST submitters
provide a self-addressed postage paid envelope for document
 If one of the “joint tenant” holders is DECEASED, the death
certificate of that holder may be provided to PT – on Request
for Release form (on or near signature line for holder) mark
“death certificate exhibited”.
 If one of the “tenants in common” holders is DECEASED, you
may need Letters Testamentary for that decedent’s estate to
show WHO can sign on decedent’s behalf, or a Small Estate
Affidavit may show who can sign on decedent’s behalf
PT should reject Request for Release if ALL
required documents and accurate fees are not
 PT should reject Request for Release if
information on submission is NOT accurate
and complete – PT may make minor
corrections, such as an omitted middle initial
shown on original DOT may be interlineated
by PT in Request for Release in order to
expedite Release and not reject for a minor
It is suggested that you keep a daily or weekly
spreadsheet (or some other means) to track the Releases
you have processed and sent to the Clerk’s office for
recording. If a customer calls you can locate the
borrower’s or submitter’s name on your spreadsheet and
let them know WHEN you processed the Release and
sent it for recording.
 That may give the customer an idea of when the release
of DOT may be recorded, the lien released and when
they may expect to receive the original, recorded Release
of DOT in the mail.
PT should reject and RETURN ENTIRE PACKAGE to
submitter if there are problems
 Include a form or letter indicating WHAT ALL OF
THE PROBLEMS ARE so that submitter can remedy
them for re-submission
 Keep a copy of the reject form/letter with
grantor/borrower’s name on it so you can respond to
phone calls or questions as to why Release hasn’t been
 Use reject form/letter to expedite processing of Release
upon re-submission – what was wrong and has it been
PT deposits ENTIRE payment into PT account
 PT retains $15 fee for processing Release
 PT transmits Release to Clerk and Recorder for
recordation; many Clerks send recorded
Releases directly to the person shown on the
form, others return recorded Releases to PT
 PT pays Clerk and Recorder appropriate
Release recording fees:
– $11.00 for one page
– $5.00 for each additional page
Many homeowners are WAITING for release of one DOT in
order to refinance property with a new loan
 Colorado law says a Release must be processed by the
Holder and recorded within 90 days after payment of the
debt is made (CRS 38-35-124) so long as debtor pays
appropriate fees for such Release – MANY Holders do NOT
request releases in a timely manner – PT may get calls from
borrowers asking WHY release hasn’t been done but PT has
never received a Request for Release from the Holder – PT
should refer borrower back to Holder
 Homeowners want to KNOW the lien on their property has
been released!
Powers of Attorney (POA) – someone attempting to
execute a Request for Release of DOT acting for the
Holder under a Power of Attorney. The POA may NOT
give them the authority to release a DOT or to execute a
Request for release on behalf of the Holder
 Lack of “Chain of Title” – Original holder was XYZ,
but the signer alleging to be the CURRENT holder is
ABC – does Note contain any indorsements from XYZ
to ABC?
 OLD loans (maturity date more than 15 years ago) –
Holder of EOD may not be alive or no longer exist –
homeowner can be referred to CRS 38-39-201 or can go
to Court for Order declaring the Deed of Trust is
Signatures and notarizations of officers of
entities should clearly INDICATE the
title/position of that person with the entity,
such as:
ABC Bank
By _______________________________
Tom Smith, Vice President of ABC Bank
The foregoing Request for Release was acknowledged before me
on _________, 20__ by Tom Smith, as Vice President of
ABC Bank.
Notary Public
Sometimes the EOD (promissory note etc.) is
NOT to be cancelled or marked “paid in full” –
it could be that the property is no longer
under a lien for payment of the EOD but some
OTHER obligations still exist under the EOD
so the EOD will NOT be “extinguished”
 Usually the submitter (lender) will indicate for
the PT to leave the EOD “live” but to only
release the DOT (the DOT is the “lien” on the
property described)
MANY submitters (lenders or servicing
agents) ask that the Clerk & Recorder return
the recorded Release and loan documents to
them and they forward it to the borrowers.
BUT frequently they do not forward those
documents in a timely manner. If your Clerk’s
records show the Release was recorded and
sent back to the submitter, you may refer the
customer to their former lender to ask that the
release and “paid” loan documents be sent to
the customer
 Kuvera
 Simplifile
These 3 outside vendors and other in-house
programs allow electronic submission,
examination, processing and forwarding to
Clerk for recording of Releases and Partial
Releases of DOTs.
Release Tracking Sheet/Accounting Sheet
Reject Letter/Form
Reject Tracking Sheet
EXERCISE – Examine Some
Requests for Release of DOT
Would you accept and process the Release?
 Would you reject and return the Request for
 WHY?

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