It was very nice to meet all of you at the Quadrennial Training. Thank you to Steve Hutt and Leola Harris, Denver County Treasurer’s Office, for the organization of the meeting; Peggy Foley, Pat McFarland, and Michelle Miller for our training; Rich Krohn for his efforts on our Association manual and also for speaking; and to CSAFE and the Castle Law Firm for sponsoring our breaks.

As busy as I have been, I expect that this will be my last newsletter as President. It has been an honor to serve as President of the Association and also to have served on the Executive Board for the past four years. Wow! Time sure flies.

The Treasurers and Public Trustees in the State of Colorado are just some of the nicest, hard working individuals that I have ever met. Thank you so much for your support and I look forward to seeing you all in June.

A reminder to our new and veteran members: The Colorado County Treasurers’ Association and the Colorado Public Trustees Association pride ourselves on the non-partisan way in which we carry out our official business. Our membership includes elected officials, appointed officials, Republicans, and Democrats - - - all working together via our Associations to assist each other in serving the taxpaying public in our counties.

When we contact State officials, or the leaders of other local government organizations in Colorado, we do so to express our collective interests as Treasurers and/or Public Trustees, regardless of any partisan position. When asked for assistance or guidance from time-to-time by a member with an issue within his or her office, we willingly offer that assistance without regard to any partisan perspective.

Please remember that keeping these principles in mind is important to keeping the positive reputations of our Associations in-tact.

Jim Covington Holly Williams

President, CCTA President, CPTA

ATTORNEY INFORMATION REMINDER

The question has come up about Mortgage Electronic Registration Systems (MERS) and their ability to process releases and foreclosures.

Rich Krohn, our Association attorney, has reviewed the issue and sends us this report:

Can MERS take advantage of the SB 02-161 changes permitting certain entities to foreclose trust deeds through the Public Trustee and obtain releases of trust deeds with a copy of the evidence of debt and certification?

No – MERS is not one of the listed types of financial institutions permitted to use a copy of an indebtedness and its certification in lieu of producing the original debt instrument for a foreclosure under CRS 38-38-101 (1) (b) (2) and (1.5) or for a release under CRS 38-19-102(1)(a)(II) and (3.5).

Is MERS the proper party to foreclose where the trust deed beneficiary is "MERS as nominee for X"?

No – A nominee is one who has been designated to act for another – at most an agent. Therefore, in the situation above MERS is merely the agent for X, and the foreclosure should be filed in the name of X as the beneficiary of the trust deed, although MERS could sign documents permitted to be signed by the foreclosing party’s agent as agent for X in the absence of evidence that MERS was no longer authorized to act in that capacity.

Our Association attorney has also reviewed and approved release forms submitted by the title companies for use under 38-39-102(3)(c). These forms were sent to all Public Trustees.

If you did not receive a copy of the new manual that was distributed at the Quadrennial training, please contact Holly Williams at (719) 520-6787. If you would like to order extra copies, each extra copy is $25 and we can send you an invoice for your records. We’ll have the manuals for you at the summer conference in June, but we need to know how many to prepare.

The Public Trustee Association Legislative Committee will start meeting on a monthly basis. We have scheduled the following meeting dates:

April 10 – 11:30 a.m. to 1 p.m.

May 15 – 11 a.m. to 1 p.m.

June 12 – 11 a.m. to 1 p.m.

Lunch is provided, but we do ask that you bring $10 made payable to the Jefferson County Public Trustee for lunch.

The meetings will be at the offices of the Jefferson County Public Trustee, 100 Jefferson County Parkway, Golden, CO 80419 (Public Trustee Mary Schaefer, 303-271-8580).

ALL MEMBERS OF THE ASSOCIATION WHO WOULD LIKE TO ATTEND ARE INVITED TO ATTEND!! Please RSVP to Holly Williams at (719) 520-6787.

We have several ideas that we would like to push through the 2004 Legislative session and need to start now on ironing out the details. We would like to restrict the amounts that a holder of a certificate of purchase can charge during the owner redemption period, revisit consumer protection legislation and also start discussing future plans for e-foreclosures (similar to e-recording).

Finally, the Real Estate Section of the Colorado Bar Association has asked for our input regarding changes that need to be made to the current statutes (such as that junior lien holder section).

Going West on I-70 (i.e. from Applewood, Denver International):
I-70 West to Exit #262 (West Colfax), Bear right on West Colfax, Bear right on US Highway 6 (West 6^th Avenue), Bear right on Johnson Road, Take first left on Jefferson County Parkway/Jefferson County Courts and Administration Building.

Going West on 6^th Avenue (i.e., from Lakewood, Denver):
West US Highway 6 (West 6th Avenue) to Johnson Road (second exit past West Colfax or US Highway 40), Bear right on Johnson Road, Take first left on Jefferson County Parkway/Jefferson County Courts and Administration Building.

Going South on Highway 93 from Boulder:
Take Highway 93 South, Highway 93 becomes US W Highway 6 (West 6^th Avenue), Take US Highway 6 to Johnson Road, Turn left on Johnson Road, Take first left on Jefferson County Parkway/Jefferson County Courts and Administration Building.

Going West on C-470 (i.e., from Littleton):
Take C-470 West to the C-470 Flyover, Bear right on the Golden/Lakewood Exit, Go straight across US Highway 6 (west 6^th avenue), Take first left on Jefferson County Parkway/Jefferson County Courts and Administration Building.

The Jefferson County Public Trustee is located on the first floor of the Administration and Courts Building on the Jefferson County Government Campus.

Last year, the State Legislature passed a bill about e-recording in Colorado. There is a committee that meets to discuss the standards for e-filing and how to implement changes in the e-filing system. The person coordinating the committee gave me a call and has asked if we can find 2 Public Trustees who are willing to serve on the committee. We have a Treasurer/Trustee to serve on the Committee, but we need an Appointed Trustee. Any volunteers? Please call Holly Williams at 719-520-6787.

Our Annual Conference is fast approaching and we are all looking forward to meeting in Canon City this June (June 23^rd to June 27^th).

At the Annual Conference, we elect new officers for the Public Trustee’s Association. There are two new bylaws that we have to consider in this years slate of officers:

"The offices of President, First Vice President and Second Vice President. . .shall be alternated between elected and appointed Public Trustees."

"An officer of this Association shall not serve as an officer of the Colorado County Treasurer’s Association concurrently."

Now, by my count that either opens up several positions on the Treasurer’s board or, as is the more likely scenario, opens up several positions on the Trustee’s Association board.

If any individuals are interested in serving on the Public Trustee’s Association board, please contact our Chairman of the Nominating Committee, Gilpin County Treasurer Alynn Huffman at (303) 582-5222.

Please look the site over and let him know there is any incorrect information or if you would like to see anything added or changed. Thank you Bob.

Congratulations to Sandy Hume, former Boulder County Treasurer, who has now been appointed as the Boulder County Public Trustee!!! Sandy, we are excited to keep you in our organization. The Boulder County Public Trustee’s office phone number is 303-443-3636.