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DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 353
Experience:  Attorney at Drake Law Firm PLC
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I sold some land, financed the buyer with a promissory note,

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I sold some land, financed the buyer with a promissory note, and have a deed of trust filed in Pueblo County, CO. The buyer has now defaulted on the note. I don't want recourse, I just want the property back in my name so I can get the property taxes paid. He didn't pay the taxes, and I am not going to get any money out of him because he is broke. I have called the county clerk, the treasurer and the public trustee and no one will tell me what the procedure is to get the deed back in my name. (What papers do I file first etc.). I hope you can help me and can I do this on my own?

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Customer: replied 9 days ago.
Is it taking quite a while to find the answer to all of this? I can wait.

No sorry, I was unexpectedly pulled away.

1. You can pay the taxes on the property even though at this moment you are not the titleholder.

2. In Colorado, you have a Public Trustee that carries out the foreclosure. There are a number of things you need to do and whether or not you can accomplish them all on your own or whether you need an attorney will depend on if you can figure it out. I have found the Public Trustee website for your county and there is contact information for them, so not sure how helpful they are, but you should certainly review the information and contact them and see if it's something you can accomplish without a lawyer.

Does that answer your question?

DrakeLAW and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 day ago.
In my question, I said I had already talked to the public trustee so you giving me contact info was no help because I already had it. I have found the answer on my own which was the name of the form I have to fill out to get the deed of trust out of the trustee's office. It is called a request for the release of a deed of trust. So, I'm sorry, but your answer wasn't much help but thanks anyway.
P.S. I found out that somebody, a stranger, has already paid the taxes, so I have to deal with that too.

Well sorry about that, you are right that you did mention the public trustee, I didn't pick that out at first. I would have been happy to help you obtain the form if you had pointed out my oversight but I am glad you found the form. Let me know if you have any other related questions then.

Also, by the stranger paying the taxes, do you mean perhaps that the taxes were paid for by a purchaser at a tax lien sale? If so, there will be a straightforward redemption proceeding for that.

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