Public Trustee's Deed for the United States

Public Trustee's Deed Template for United States

A Public Trustee's Deed is a legal instrument used in certain U.S. states, particularly Colorado, to transfer property ownership following a foreclosure sale. This document is executed by a public trustee, a government official authorized to conduct foreclosure sales and transfer property titles. It serves as official evidence of the property transfer from the foreclosed owner to the new owner, typically containing detailed property descriptions, sale information, and statutory compliance statements.

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What is a Public Trustee's Deed?

The Public Trustee's Deed is a crucial document in the foreclosure process in certain U.S. jurisdictions. It is specifically used when a property has been sold through a public trustee foreclosure sale, typically after a default on a deed of trust. The document must comply with state-specific requirements and includes essential information such as the property description, sale details, and confirmation of proper foreclosure procedures. Public Trustee's Deeds are particularly common in Colorado, where the public trustee system is well-established, though similar instruments exist in other states under different names.

What sections should be included in a Public Trustee's Deed?

1. Deed Title and Date: Official title of document and execution date

2. Parties: Identification of Public Trustee and Grantee

3. Recitals: Background information including foreclosure details and sale information

4. Property Description: Legal description of the property being conveyed

5. Conveyance Language: Formal language transferring the property

6. Execution: Signature block and notarization

What sections are optional to include in a Public Trustee's Deed?

1. Special Warranties: Additional warranties or representations, used when required by state law

2. Exception Language: List of exceptions to the conveyance, used when there are existing encumbrances

3. Tax Certificate Reference: Reference to tax certificate if property was sold for taxes

What schedules should be included in a Public Trustee's Deed?

1. Schedule A: Detailed legal description of property

2. Schedule B: List of permitted encumbrances or exceptions

3. Exhibit A: Copy of foreclosure sale certificate or notice

4. Exhibit B: Property tax information or certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Trust Deed

Cost

Free to use
Industries

State-Specific Property Laws: Primary state legislation governing property transfers, including state recording statutes and state-specific formatting requirements for deeds

Foreclosure Laws: State-specific legislation governing foreclosure proceedings, including procedures, timelines, and notice requirements

Public Trustee Statutes: State laws specifically governing public trustees, including their authority, powers, and procedural requirements for public trustee sales

Title Standards: State-mandated title standards, chain of title requirements, and legal description requirements for property documentation

Federal Laws: Federal legislation including Servicemembers Civil Relief Act (SCRA), Fair Debt Collection Practices Act (FDCPA), and relevant Bankruptcy Code provisions

Recording Requirements: Local county recorder requirements, state recording fees and taxes, and document formatting standards for official recording

Tax Considerations: Legislative requirements regarding transfer taxes, documentary stamp taxes, and property tax proration rules

Teams

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