Public Trustee: The Public Trustee performs public service duties as prescribed in Title 38 of the Colorado Revised Statutes and serves as the neutral, intermediate party between the lender and the borrower to assure that each party can exercise its legal rights and remedies. The Public Trustee is NOT an attorney and cannot provide legal advice to any parties.
Public Trustee News:
1/1/2017 - SB 16-115 becomes effective. This bill provides for a $2.00 increase per document in recording fees in the County Clerk's office. As a result, the fee for execution and recording for a Release of Deed of Trust will go from $26.00 to 28.00 with $5.00 each for any additional pages.
1/1/2015 - HB 14-1295 becomes effective. This bill provides further safeguards for borrowers by establishing a single point of contact with the lender and prohibiting dual tracking (working with a borrower on loss mitigation while also pursuing a foreclosure action).
5/9/14 - HB 14-1130 provides safeguards for borrowers in foreclosure by clarifying how, when, to whom, and by whom overpayments are to paid out when a default is cured.
5/9/14 - HB 14-1312 extended the Foreclosure Deferment program to September 1, 2015.
9/1/12 - HB 12-030 becomes effective. This bill provides for additional information to be provided to the homeowner and clarifies some dates and forms used in the foreclosure process. The foreclosure sale overbid process is better defined and unclaimed funds will now be directed to "The Great Colorado Payback" program. Confirmation deeds will be issued and recorded in a more timely fashion and a process is established to release a Deed of Trust recorded in the wrong County.
7/1/10 - HB 10-1007 was signed into law by Gov. Bill Ritter, Jr. and takes effect on July 1, 2010. This bill makes recording fees uniform on a statewide basis and eliminates the additional index charges for each grantor/grantee entry. The cost for most recording will change to $10.00 for the first page and $5.00 for each additional page, plus the additional $1.00 surcharge per document. What this means to the Public Trustee's office is that the fee for a standard Release of Deed of Trust will now be $26.00.
2/15/10 - For sales commencing this week and hereafter, payment of any bid amount at sale must be received by the Morgan County Public Trustee no later than noon on the day of the sale. If full payment of the bid amount from the highest bidder at the sale is not received by noon on the day of the sale, the next highest bidder who has tendered the full amount of their bid by 2:00 p.m. on the day of the sale shall be deemed the successful bidder at the sale.
1/1/10 - The foreclosure laws have changed again. Most of the changes affect the foreclosure process internally and will be transparent to the public. Contact this office for more details.
6/18/09 - The Morgan County Public Trustee will not be conducting foreclosure sales on November 11, 2009.
6/2/09 - The Governor has signed HB 09-1276 into law. This bill, which affects foreclosures filed on or after August 1, 2009, grants certain qualified homeowners in foreclosure a 90-day deferment in order to "catch up" on delinquent payments and keep their home.
Information on the deferment program is available on the Division of Housing website. You may also contact the Colorado Foreclosure Prevention Hotline, 1-877-601-HOPE (4673).
4/21/08 - The forms for Releasing Deeds of Trust have changed. There is now a section for the current address of the borrower, assuming party, or current owner. Also, the Release without Production of Evidence of Debt now may be used by persons submitting a Corporate Surety Bond in lieu of the original evidence of debt and by qualified Title Insurance Companies.
1/1/08 - Effective today, persons desiring to bid at a foreclosure sale must register with the Public Trustee prior to the sale and funds must be tendered at the time of the sale.
1/1/08 - Effective today, the foreclosure laws have changed! Sale dates on residential properties are now extended from the previous 45-60 days to 110-125 days after the Notice of Election and Demand (NED) to foreclose is recorded in the County Clerk's office. There is no longer an owner redemption period but those junior lienors whose liens are of record at the time of the recording of the NED will be eligible to redeem. Most of the foreclosure statutes are in Article 38 under Title 38 of the Colorado Revised Statutes.
11/6/07 - The Morgan County Public Trustee will not be conducting foreclosure sales on December 26, 2007 or January 2, 2008.
11/5/07 - The Morgan County Public Trustee has established December 21, 2007 as the last day that a foreclosure will be started under the current statutes. After that date files will still be accepted but the Notices of Election and Demand will not be recorded until after January 1, 2008 and therefore will be subject to the new foreclosure statutes.
7/1/07 - The date that the new changes to the foreclosure statutes become effective has been extended from 7/1/07 to 1/1/08. Also, the form for releasing deeds of trust is now in statute. These are available on the Public Trustee Forms page.
8/29/06 - The Morgan County Public Trustee now accepts e-Releases through a company named SimpliFile. For submission and pricing information, go to www.simplifile.com.
7/1/06 - The first provisions of HB 06-1387 take effect today. The bulk of this sweeping rewrite of the foreclosure statutes will take effect on July 1, 2007. It will combine the current cure period with the current owner's redemption period to create a longer cure period prior to sale while removing the owner's redemption period.