Public Trustee Association Executive Board Meeting
Jefferson County – 11:30 AM, January 28, 2005

    Attendees:  Peggy Foley, Tina Whitmer, Jack Arrowsmith, Jim Covington & Bob Sagel

1.                  Committee Reports

a.       Treasurer’s Report.

                                                               i.      Jim Covington, Treasurer, stated we have enough money in the account to purchase a CD.  The Executive Board approved the purchase.

b.      Legislative

                                                               i.      Bob Sagel, Chair of the committee stated that HB 1168 would be heard on the floor on January 31, 2005.  We have two sponsors, Representative Mike Garcia and Senator Ken Kester and we do not expect it to be very controversial.   Bob also stated that we are looking at keeping the ad hoc foreclosure committee intact to work with the Bar Association on a more comprehensive bill next session that would address the shortening of the redemption and lengthening of the cure period.

c.       eBusiness

                                                               i.      Jim Wills, Chair of the committee, emailed that Boulder and Douglas County are processing a growing number of releases electronically.  Denver and Weld will begin in the next couple of weeks.  Several other counties are interested in e-recording.  The new release forms are completed.  The committee is currently addressing the issues concerning the electronic submission of foreclosure packages. 

                                                             ii.      Jack Arrowsmith is on the committee and asked how we are to proceed with the new release forms as far as making them available.  The executive board instructed him to contact our legal counsel, Rich Krohn, regarding copyright information.

                 d.      Forms

                                                               i.      Alynn Huffman, Chair of the Committee, emailed that the release forms are complete and have been distributed to the Public Trustees.  She has sent the forms to Kuvera and is waiting for a reply. 

                                                             ii.      Release forms are now ready to begin a trial run.  We discussed whom should we give them to for trying.  The suggestion was made to give them to a bank, credit union. 

                                                            iii.      Alynn stated she is going to PRIA (Public Records Industry Association) in March along with Jack Arrowsmith and Jim Wills, and the Douglas County Clerk and Recorder.  She will show what Colorado is working on as far as releases.

                                                           iv.      Again the Executive Committee indicated that Jack Arrowsmith would contact Rich Krohn regarding copyrighting laws.  Peggy indicated if our legislation passes, the forms committee would need to create the “Cancellation and Termination” form so we may as well get the answers regarding copywriting at this time.

                                                             v.      Bob Sagel suggested that we would need to produce guidelines to have in place and in the manual regarding the process of Canceling and Terminating a sale – the committee agreed.

2.                  Public Trustee Day at Summer Conference – June 23, 2005

a.       The Cortez Conference Center will host the meetings and meals.

b.      The Holiday Inn Express will be where our rooms are.

    c.       Tina Whitmer volunteered to try to find sponsors for the breakfast and break.

    d.      Jack Arrowsmith will give a presentation regarding the numbers and efficiencies         recognized by efiling of releases.  We are hoping to have several more counties on line within the next couple of months.

    e.       Rich Krohn will give an update on the current statutory updates realized from HB 1168 and also present the proposed legislation for the next session.

3.                  Officers for next year

a.       Peggy asked when does she approach the nominating committee regarding getting the slate of new officers compiled.  The board suggested making an announcement in the newsletter and anytime she wanted to contact the nominating committee would be fine.

 4.                  Other Business

a.       Jim Covington requested that I put a notice of “Dues Payable” in the newsletter, as some counties had not paid.

      b.      Tina Whitmer asked the Executive Board to consider hiring Rich Krohn to get us a legal opinion regarding the question “Can and under what circumstances can the Public Trustee refuse to open a foreclosure.  She has a problem with Castle, Meinhold in regards to a foreclosure that has a modified note but not a re-recorded deed of trust to show the modification.  The board approved asking Rich up to four (4) hours of his time.  Tina will do all the research and documentation and give to him.

c.       Peggy will call Rich regarding this and the fact that Jack will also be contacting him regarding the copyrighting of forms issue.

Respectively Submitted,

Peggy H. Foley