COLORADO PUBLIC TRUSTEE ASSOCIATION
FALL SEMINAR
THURSDAY, OCTOBER 20, 2005
FORT COLLINS, COLORADO

The meeting was called to order by Vice President, Jack Arrowsmith of Douglas County, who was conducting the meeting in the absence of the President.

The Invocations was given by Mack Crowther of Conejos County.

The Pledge of Allegiance was led by Jamie Crocket of Jackson County

Sandra Berry of Kit Carson County called the roll and found that 47 counties were present.  Jim Covington, Lincoln County moved that the minutes be approved as presented to the members.  Seconded by Linda Statz, Philips County.  Motion carried.

Jim Covington, Lincoln County presented the financial report.  The Association has a balance of $59,671.97.  Bills for the Seminar will need to be paid.  Roxy Huber moved to accept the report. Seconded by Karen Schafer.  Motion passed.

COMMITTEE REPORTS

BY-LAWS COMMITTEE

Larry Gilliland of Summit County reported that the by-laws committee had nothing to report at this time.

CONTINUING EDUCATION

Jim Covington, Lincoln County distributed and summarized the requirements for obtaining certification.  The Treasurers’ Association is changing providers from Colorado State University to Mesa State and has included the Public Trustees in the program.

Jim moved that the Public Trustees Association accept the Accreditation and Continuing Education program as presented.  Motion Seconded by Mack Crowther.  Discussion raised several questions and Jim reiterated that the Committee will address the questions raised and will hopefully resolve them in their next meeting and will inform the members of those decisions.  The motion was voted on and carried.

eBUSINESS AND FORMS

Alynn Huffman, Gilpin County is the chair of both committees.  She reported that the eBusiness committee is still meeting and progressing.  She stated that the title companies were having a problem with the new release forms which allow for one form to be used for either a FULL or PARTIAL RELEASE.  They are afraid that someone will miss marking the box for a partial and a full release will be made in error.  eBusiness is working on a SmartDocs form that will require the processor to answer a question regarding if the release is a full or partial one before they can proceed.

LEGISLATION

Bob Sagel, Morgan County distributed a draft of the proposed legislative changes to the Public Trustee Statutes.  The changes are a joint effort of the Public Trustee Association and the Colorado Bar Association.  That committee has been meeting twice a month.  Bob summarized the changes that will be made and fielded questions regarding the same.

He stated that Representative Garcia will be carrying our bill.  The particulars of the bill will be discussed later in the meeting.

MANUAL

Patty Bartlett, Logan County reported that all of the changes that were approved at Summer Conference had been made to the Manual and copies of those changes had been sent out.  In regards to the Manual, there will need to be major changes made after the proposed legislation is passed.

NEW FEE CHARTS were distributed by Bob Sagel and Jim Covington to reflect the change in the base amount ($400,000. to $480,000.) from which the fees over $150 are calculated.

Jack Arrowsmith, Douglas County opened the floor to a roundtable discussion of Public Trustee concerns.  The attorney for the Association, Rich Krohn, fielded questions from the group.  Topics concerning what would determine the “Original” Certificate of Purchases issued in a electronic foreclosure; Home Owner Association Liens; Wire Transfers for payment from buyers at foreclosure sales and redemptions – the statutes require that Public Trustees to accept the electronic transfers, but each office can set their own policies such as regarding the time the payment is due in the bank; Collusion bidders who overbid huge amounts so that a partner would be assured to getting the only low bid  and a number of other questions raised by the members.

Jeanne Smith and Jan Michael Zavislon from the State Attorney General’s office gave a presentation regarding mortgage and foreclosure scams and what their offices does regarding them.  They also work with on other consumer issues with the Consumer Protection Taskforce.

After lunch the group returned to discussion on the new Public Trustee legislation and other general legislative updates with Bob Sagel, committee chair and association attorney, Rich Krohn. 

Rich Krohn read a letter from MERS regarding their stance on MERS signatures on a “Without Production of Evidence of Debt” releases.  A copy will be sent to all members.

Peg Ackerman, the association lobbyist, spoke to the group on the upcoming legislation that is being presented by the CPTA and the Colorado Bar Association.  She said that the bill will be carried by Representative Michael Garcia who is the assistant minority leader.  The bill will either be sent to the Committee on Finance or the Business and Labor Affairs committee.  The Legislature will convene on January 11, 2006 and our bill should be one of the first bills introduced.  That will give the bill time to make it through the process without running up against a time constraint.

Representative Michael Garcia of House District 42 (Arapahoe County) addressed the Association and outlined the legislative process.  Before the bill is introduced Representative Garcia will hold several stakeholders meetings so that people affected by the legislation can voice their concern.  Hopefully the bill will satisfy most everyone when it is introduced, so it will go through easily and with few amendments.  First it will be assigned to a committee.  In that committee there will be hearings and the bill will be given an up or down vote either to send it on, kill it or refer it to another committee.  It is sent on to the Committee of the Whole were the whole legislature votes on it .  Amendments can be added but they can only be voted up or down. 

Bob Sagel, committee chair asked that the Association give the legislative committee the authorization to move forward with taking this legislation through the legislature (and realizing that some parts may be changed by amendments).

Mary Wenke, Arapahoe County so moved.  Motion was seconded by Sherry Rose.  Motion carried.

MEETING WAS  ADJOURNED 

Respectfully submitted,

Sandra R. Berry
Secretary, Colorado Public Trustee Association