• Process all releases of deeds of trust in an accurate, timely fashion while following guidelines established by Colorado law.
• Serve as an intermediary between the lender and the property owner during foreclosure proceedings.
• Ensure that property owners and lienors are aware of their rights under the law established by the Colorado law.
• Provide service and education regarding real estate deeds of trust and foreclosure proceedings

The Office of the Public Trustee is supported from the fees collected for releasing of Deeds of Trust and managing the foreclosure of Deeds of Trust. Minimal tax money is used to support the office. Funds received in excess of operating costs are transferred to El Paso County after ensuring maintenance of reserves as required by statute.

The Colorado General Assembly established the office of the Public Trustee in each county of the state to provide for a system of checks and balances between the borrower and the lender. All deeds of trust given to secure indebtedness on real estate shall name as trustee such Public Trustee who acts as an intermediary between the borrower and the lender. Colorado’s public trustee approach to the borrower/lender relationship is unique among the 50 states. Colorado’s foreclosure statutes, as interpreted by the courts, have provided a reasonably quick and inexpensive process for the lienor to exercise its rights and remedies, while affording the owner of the property a fair opportunity to protect his or her interest.

Ample rights of cure are afforded the owner of the property being foreclosed as well as rights of redemption to each junior lienor having a recorded interest in the property being foreclosed. To provide a foreclosing party certainty in its remedies, requirements and deadlines must be met by all parties or the owner’s and lienors’ rights will be extinguished. It is the responsibility of the Public Trustee’s office to ensure that the owners, junior lienors and lenders understand the Public Trustee’s process and to ensure that each party complies with the statutes.

In the largest counties in Colorado, including El Paso, the Public Trustee is appointed to a four year term by the Governor. In other counties, the elected Treasurer is the Public Trustee for the concurrent term. The powers and duties of the office of Public Trustee and procedures for the operation of the office are defined in Title 38 of the Colorado Revised Statutes. The areas covered include:

• Foreclosures of Deeds of Trust for properties located in El Paso County.
• Releases of Deeds of Trust for properties located in El Paso County.

The Public Trustee does not

• Give legal advice – contact an Attorney.
• Handle Tax Sales – contact the County Treasurer at 719-520-6666.
• Release private trustee mortgage transactions.
• Handle Federal Auctions, such as HUD or VA.
• Have information regarding liens on foreclosed property – contact the Clerk and Recorder.
• Have access to the foreclosed property.