Can a trust deed be foreclosed?

In California, lenders can foreclose on deeds of trust or mortgages using a nonjudicial foreclosure process (outside of court) or a judicial foreclosure process (through the courts). The nonjudicial foreclosure process is used most commonly in our state.

Who is the beneficiary in a Trust Deed?

Lender
A Deed of Trust is a three party document prepared, signed and recorded to secure repayment of a loan. The Borrower (property owner) is named as “Trustor,” the Lender is called the “Beneficiary,” and a third party is called a “Trustee.”

What happens if my Trust Deed fails?

What happens if my Trust Deed fails? They can begin to contact you again once your Trust Deed fails. Your Trustee may petition the court for you to be entered into sequestration (bankruptcy) Any interest and fees on your debts will become unfrozen.

What is a deed of trust in Colorado?

The document that secures the title is usually called a deed of trust. Colorado law also permits mortgages to serve as liens upon real property and for judicial foreclosures to occur through the courts.

Can a deed of trust be used to foreclosure?

In states that allow the use of a deed of trust as opposed to a mortgage agreement, most homes are foreclosed through a process called non-judicial foreclosure. Non-judicial foreclosure, as the name implies, occurs outside of the court system, and is usually much faster and cheaper than judicial foreclosure.

How are foreclosure laws effected in Colorado?

Colorado law also permits mortgages to serve as liens upon real property and for judicial foreclosures to occur through the courts. Because the power of sale provisions in deeds of trust is a faster mechanism to effectuate foreclosure, this is the primary vehicle to foreclose. How are Colorado mortgages foreclosed?

Where can I send a Denver County deed of Trust check?

Checks are to be made payable to Denver County Public Trustee, and certified or issued by a state-chartered bank, savings and loan association, or credit union licensed to do business in the state of Colorado. (See the Fees and Forms page for wire transfer instructions (PDF, 123KB) .)

Can a trust own real property in Colorado?

Yes, it can. Trusts in CO can and do own and control real estate properties. In CO, a special type of trust exists for this, called a COLORADO LAND TRUST. A land trust is a revocable, living trust used specifically for holding title to real estate in CO. I hope this helps and clarifies.

Do you need to record a deed in Colorado?

Real estate deeds that transfer property in Colorado can be recorded to provide constructive notice of the transfer. In most cases deed documents are recorded in the County where the property is located.

How do you release a deed of trust?

Make sure one of the boxes (Full or Partial) is checked at the top of each Release of Deed of Trust Form. Place a return address on the top front of the release so it can be sent back after recording. Include a self-addressed stamped envelope for the return of the recorded Request for Release of Deed…

How can I reconvey the deed of trust?

Contact the title company that was present at your closing.
the accounts are often taken over by a successor company.
Get a copy of the deed of trust from the county recorder’s office.
Obtain a surety bond.