PUBLIC TRUSTEE LEGISLATIVE COMMITTEE MEETING
JANUARY 25, 2008
JEFFERSON COUNTY COURTHOUSE

Members present:  Patty Bartlett, Sandra Berry, Margaret Chapmen and Deputy Cathy Bortles, Jim Covington, Michelle Miller, Ana Maria Peters-Ruddick, Bob Sagel, Carol Snyder, Dee Ann Stults and Debbie Wagner.  Attending by phone were Rich Krohn and Linda Statz.

Bob Sagel called the meeting to order and appointed Dee Ann Stults to serve as secretary. 

Legislative Session Update: Debbie Wagner filled us in on what was happening and when.   The group discussed SB 08-042, the Appointed PT Salary Bill.  Carol Snyder went over the concerns that some of the Senators had and the changes that have been made (see attached). 

HB 08-1195, Return Release of Deed of Trust was also discussed.  Some of the group met with the sponsor of the bill and some language was changed (see attached).  That allows PT‘s to proceed with the Release of DOT without the original owner’s address on the release form.  Carol mentioned that since this bill has the release forms in it, she would like to see a fix put in the language for the title companies.  Carol and Debbie will see what can be done.  Carol will testify on HB 08-1195 at the committee hearing unless she is in El Paso County and in that event Bob will fill in.

Old Business:   The committee decided to take off future agenda item (a), the reducing of the number of publications and item (d), permitting online sales.  An item for next year will be to look into having the attorneys supply the interest rate for redemptions no later than the submission of the bid.  We will keep a watch on determining the number of pages for the recording of the OAS.  We will also watch adding a penalty for late filing of cure statements.

New Business:  Accepting a Scrivener’s Error Affidavit for the correction of a legal description was discussed in depth with Rich Krohn on the phone.  Carol moved that we as PT’s not accept a Scrivener’s Error Affidavit.  Ana Maria seconded.  The motion passed.  The second item discussed was whether to give a PT authority to continue a sale past the legal deadline in the event of a holiday.  The group decided that this will have to be fixed in a clean up bill.  Codifying Rich’s opinions was placed on hold.  Discussion on if the attorney should provide us with a CN was held.  For those not on a computer system they need the CN provided and others are creating their own and not using the one provided by the attorney.  Statute requires the CN as part of the documents required when filing a foreclosure.   Rich will back us up if we don’t refuse to open a file because the CN is not provided.  Current owner designation on the initital mailing list was brought up.  The group thought we may have to reinstate the current Affidavit of Ownership to clear up the problem. 

Other items brought before the committee were that (1) maybe we should have the OAS before we start a sale, (2) the OAS must have the judge’s signature, not just say a copy is available in the courts, and (3) obey what the OAS says.  A Mechanic’s lien question from Jan Stout was brought up but Rich will need some time to get her the answer and will share it with us. 

Being no further business the group adjourned.  No future meeting was scheduled.