Public Trustee Fees

The Denver Public Trustee can now accept credit cards for releases of deeds of trust, and for intents to redeem.

Release Fees: 38-37-104(1)(a)
For executing a release of Deed of Trust* *$15.00 
Foreclosure Deposit: 38-38-101(10)
To be applied to fees and costs or the amount of the fee permitted pursuant to 38-37-104(1)(b)(I), whichever is greater. $650.00 
Foreclosure Fees: 38-37-104(1)(b)
(I) Opening and administering a foreclosure
For original principal balance under $480,000.00 $150.00 
For original principal balance over $480,000.00 of the original principal amount or outstanding balance, whichever is less but no less than $150.00 1/32 of 1% 
(II) Accepting the filing of an Intent to Redeem (per notice) 50.00 
(III) Processing and executing a Certificate of Redemption* *30.00 
(IV) Executing a Confirmation Deed* *30.00 
(V) Processing a Withdrawal* *35.00 
(VI) Processing an Administrative Withdrawal* *50.00 
(VII) Recommencing sale when held in violation of Automatic Stay* *50.00 
(VIII) Recommencing sale after bankruptcy where publication was not completed* *75.00 
(IX) Performing actions caused by a Partial Release as described in 38-38-101(9) 100.00 
(X) The sum of all Amounts paid by the Public Trustee to third parties in connection with processing a foreclosure various 
(XI) Processing a Rescission of Sale pursuant to 38-38-113 100.00 
(XII) Rescheduling a sale after a Rescission of Sale pursuant to 38-38-113(4) 50.00 
Other Fees
38-37-104(1)(c): Convey and dispose of property of a dissolved for profit or nonprofit corporation after death of the last surviving director as described in §38-30-171(3)(b) and §38-30-173(3)(b) $25.00 
Serve as trustee of an unexecuted express trust after the death of the surviving trustee as described in §38-34-104 25.00 
38-37-104(1)(d): Serve as escrow agent for contract for deed as described in §38-35-126(1), annually for each taxable year 75.00 
38-38-101(1)(h): Fee for restarting a foreclosure if the document notifying the Public Trustee that the property referred to in the notice of electon and demand is property that requires posting under section 38-38-802 is not filed at the time the documents required for commencing a forclosure are filed with the Public Trustee, and the holder determines at a later date that the property requires posting (repealed 6/30/2011) 75.00 
38-38-109(2)(d): The fees prescribed in section 38-37-104(1)(b)(VII) and (1)(b)(VIII) recommencing sale after being enjoined by court order where publication was not completed. 75.00 
 Recommencing a sale after being set aside by court order 50.00 
38-38-704: The fees and costs for providing educational or other information or material to the property owner or any person liable on the debt, not to exceed 25.00 
38-38-803: Fee for recommencing a foreclosures after a foreclosure deferment has been terminated or ended (repealed 6/30/2011) 75.00 
* Additional recording costs
Recording of $10 for the first page and $5 per additional page plus $1.00 surcharge per document are applicable, pursuant to §30-1-103 and §30-10-421.
Form of payments to the Public Trustee
C.R.S. 38-37-108: All monies payable to a Public Trustee at any foreclosure sale under the provisions of this article or upon redemption or cure pursuant to article 38 of this title shall be in the form of cash, electronic transfer to an account of the public trustee available for such purpose or a certified check, cashier’s check, or teller’s check, or draft denominated as an official check that is a teller’s check or a cashier’s check as those terms are defined in and governed by the “Uniform Commercial Code”, title 4, C.R.S., made payable to the public trustee and certified or issued by a state-charted bank, savings and loan association, or credit union licensed to do business in the state of Colorado or a federally chartered bank, savings bank, or credit union.
Special Notices
C.R.S. 30-1-108: All officers of this state who are required to collect fees for their services are required to make fair tables of their respective fees, and keep the same posted in their respective offices in some conspicuous place for the inspection of all persons who have business in said office; and, if any such officer neglects to keep a table of fees posted in his office, such officer, for each day of such neglect, shall forfeit and pay the sum of five dollars, to be recovered by action at law before the county court for the use of the county in which the offense has been committed.
C.R.S. 30-1-116(1): Every officer shall collect every fee, as prescribed, for services performed by him in advance, if the same can be ascertained, and when any officer negligently or willfully fails to collect any such fee, the same shall be charged against his salary.
© Colorado Public Trustees’ Association - Effective July 1, 2010
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