ANNUAL CONFERENCE
THURSDAY JUNE 24, 2004
WESTMINSTER DOUBLETREE HOTEL
BROOMFIELD COUNTY HOST
The meeting was called to order by President Bob Sagel, Morgan County. Roxy Huber and her staff from Broomfield County were commended for their hard work producing a successful conference. Our sponsors, ASIX, Eagle Computer Systems, Tyler Works and Castle, Meinhold & Stawiarski, LLC were thanked for their generous and continued support of our association.
Peggy Foley, Pueblo County, led the Pledge of Allegiance.
Mack Crowther, Conjeos County, gave the Invocation.
Jamie Crocket, Jackson County, called the roll, finding 48 counties present. The minutes of the October 23, 2003 meeting were approved as presented. These minutes were posted on the web site, www.e-ccta.org. Future minutes will be posted on the web site as well.
Jim Covington, Lincoln County, gave the Treasurers’ report. As of June 21, 2004 the Association had a balance of $52,315.13 and all the bills have been paid to date.
Dennis Smith, Otero County, Chair of the Audit Committee reported that the books were found to be correct and in order.
There was nothing to report for the Forms or Historical Committees.
Tina Whitmer, Grand County, Chair of the Legal Counsel Committee reported they mainly made sure the Association hired legal representation this year. She also felt this committee does not need to be continued. Bob was thanked for all his hard work in keeping the members of the Association informed of the issues this year. She also suggested the Association needs to make new members aware of the committees and their functions/procedures. May need to appoint a committee for this purpose.
DeeAnn Stults, Yuma County, Chair of the Resolutions Committee thanked the Executive Board, chairmen and committees for their dedication this past year. Roxie Huber and her staff were praised for hosting the convention and recognized for all the hours it requires making it successful. The sponsors were thanked for their continued support of our association.
Susan Cochell, Baca County, member of the Nominating Committee presented the following slate of candidates for office for the 2004-2005 year and recommended their approval.
President: Peggy Foley, Pueblo County
1st Vice President: Tina Whitmer, Grand County
2nd Vice President: Jack Arrowsmith, Douglas County
Treasurer: Jim Covington, Lincoln County
Secretary: Jamie Crocket, Jackson County
Past President: Bob Sagel, Morgan County
The membership present approved the slate of candidates as presented. Congratulations!
Each County received a corrected copy of the Bylaws for the manual with correction of the Dues for each class of County to reflect the amount due for Counties earning $3,000.00 or less as $50.00. It was suggested the new committee take a hard look at the bankruptcy section and if the manual is made available to the public it needs to be noted in some way the statements that are “non-statute” as well as the footnote that are included in the manual now.
Kerry Carl, Hinsdale County, Chair of the Manual Committee reported that suggested corrections would be presented and voted on by the membership at this meeting, The committee recommends the new manual be approved with corrections. The membership reviewed individual changes to the manual, page by page. Holly Williams, El Paso County moved that the manual be approved with proposed changes & deletions, removing CPTA position statements, excluding the bankruptcy section. Jamie Crocket, Jackson County seconded. Following discussion, Peg Ackerman offered to make manual available on secure, password protected web site. Holly would like each page to reflect the updated date of the manual. The motion was amended by Holly and seconded by Jamie to approve the manual with proposed changes, deletions, additions, removing the “CPTA position statements and excluding the bankruptcy section. Following a vote of the membership present, the motion passed unanimously. Peg Ackerman has offered to change the manual with Red Book before Seminar. We look forward to working with her. Tina Whitmer, Grand County made the motion to sell the Public Trustee manual with a disclaimer, without a binder, to anyone other than a Public Trustee, for $100.00. Jamie Crocket, Jackson County seconded the motion. Following discussion and vote, the motion passed.
Jack Arrowsmith, Douglas County, Chair of the E-business Committee gave kudos to Bob Sagel for all his work this past year and thanked all members of the committee for their hard work. Technology folks were introduced, ACS and Eagle and Jeff Willie of Kuvera Recording Solutions. Douglas County’s cost for the E-Business technology has a one-time fee of $4500.00.
Jim Wills, Boulder County reported on the $1.00 surcharge being kept by the counties,
( SB 219) effective date 7/1/04, and how the Public Trustees may be able to use a portion of the funds to acquire capability for E-business. Changes to the notary law in HB 1300, effective date 5/28/04. Web site for Secretary of State: www.sos.state.co.us
There are currently 6 release forms that can be used. The committee is working on a form that will be acceptable by all for all release situations.
Larry Castle commented on E-foreclosures and would like to see the Public Trustee Association have representation on the Bar Association Committee regarding E-Foreclosures.
Recommendations from the E-Business committee:
Maintain Nation Presence, P. R. I. A.
Continue relationships with clerks and Secretary of State.
Retain the members of the committee as they are now.
Work on standard documents.
Identify needed legislation for E-business.
Peg Ackermann gave an overview of the legislation for the Year.
HB 1048 – convey real property on death of owner without probate.
HB 1300 – changes in the notary law. – Notary does not need to be done by elected officials with their own office seal. Fee for release stays the same as statute reads “for release, including acknowledgement thereof.” The cost of registering a signature and seal with the Secretary of State is $10.00.
SB 219 – allows the $1.00 surcharge to stay in the clerks’ office. There will be an attempt to get money at the state level to help the small counties, as they do not collect as much as the bigger counties.
Q&A with Rich Krohn followed the association lunch. There were 10 prepared questions given to Rich Krohn before Convention.
#1.Regarding MERS and releases. Answer: Ask to see HUD number before processing.
#2.Condominum dues and foreclosures. Answer: Public Trustees cannot foreclose on homeowner dues. Statute: if claims of multi homeowner association, all claims are equal, let junior lienholders’ redeem in order of recording as per PT statutes. 38-38-803.
#3.Timing of bankruptcy filings. Answer: If debtors’ rights are gone at the time of filing, then the bankruptcy makes no sense. Less than 15 days remain before the sale and intent to cure has not been filed, bankruptcy does not make sense. If less than 15 days remain in owner redemption periods and the intent to redeem has not been filed, bankruptcy makes no sense.
HOWEVER, If the debtor has rights of cure or redemption and bankruptcy has been filed then the bankruptcy trustee has the longer of 60 days or regular statutory period. (11 USC, sec. 8) Answer to #5. Yes, then everyone else benefits from the changes in dates, i.e. Junior Lienors.
#4.Foreclosing on Deeds of Trust secured by other than real property. Answer: Yes, we can foreclose on Deed of Trust secured by personal property associated with Real Estate.
#6.Questioning or disallowing costs related to cure, bid, redemption. Answer: This is a policy decision. We can always say NO. Statute 38-37-104(4)(a)(c), it is not the Public Trustees responsibility to determine the amount or reasonableness of a bid or the costs and expenses allowed in computing the total sum.
#7.Answer: The consensus of the Association that the legal description may not be changed after filing the E&D (i.e. partial release) is sufficient.
#8.“Declaration of Void Public Trustee Sale” Answer: The Only Thing that can undo or set aside a sale is a Court Order.
#9.Unclaimed funds other than overbids, be turned over to Great Colorado Payback. Answer: See Statute 38-38-111 – at a foreclosure sale, excessive funds.
#10.“Notice of Dismissal of Trustee” Answer: No one has authority to do this however, the AGs’ office has turned it over to a deputy AG and this office is interested in hearing about all of these situations and may be interested in prosecuting those responsible.
Additional questions answered.
There is no instance where a Public Trustee can accept a discounted redemption.
Title vests with the expiration of all redemption periods, 38-38-5-1.
Meeting adjourned.
Respectfully Submitted,
s/Jamie Crocket, Secretary
Colorado Public Trustee Association