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Amendments for HB08-1195 House Journal, February 1 House Journal, February 5 Amendment No. 2, by Representative V. Mitchell. 35 36 Amend the Local Government Committee Report, dated January 31, 37 2008, page 1, strike line 16 and substitute "§ 38-39-102 (3) (c), 38 COLORADO REVISED STATUTES,";". 39 40 Amendment No. 3, by Representative V. Mitchell. 41 42 Amend the Local Government Committee Report, dated January 31, 43 2008, page 1, after line 6, insert the following: 44 45 "Page 5, after line 13, insert the following: 46 "(b) "CURRENT ADDRESS" MEANS THE MOST RECENT ADDRESS 47 REFLECTED IN THE RECORDS OF A HOLDER OF THE EVIDENCE OF DEBT, A 48 TITLE INSURANCE COMPANY LICENSED AND QUALIFIED IN COLORADO, OR 49 A HOLDER OF THE ORIGINAL EVIDENCE OF DEBT THAT IS A QUALIFIED 50 HOLDER, AS DEFINED IN SECTION 38-38-100.3 (20). IF A HOLDER OF THE 51 EVIDENCE OF DEBT, A TITLE INSURANCE COMPANY LICENSED AND 52 QUALIFIED IN COLORADO, OR A HOLDER OF THE ORIGINAL EVIDENCE OF 53 DEBT THAT IS A QUALIFIED HOLDER, AS DEFINED IN SECTION 38-38-100.3 54 (20), HAS NO RECORD OF A CURRENT ADDRESS, ANY REQUIREMENT THAT 55 A CURRENT ADDRESS BE PROVIDED SHALL BE DEEMED SATISFIED BY 56 INDICATING THAT FACT.". House Journal--28th Day--February 5, 2008 Page 253 Reletter succeeding paragraph accordingly.". 12 3 Page 2 of the committee report, strike line 13 and substitute the following: 45 6 "SECTION 38-39-102 (1) (a) (IV) OR IF A CURRENT ADDRESS IS NOT PROVIDED AS SPECIFIED IN SECTION 38-39-102 (9) (b).".". Senate Journal, March 12 After consideration on the merits, the Committee recommends that HB08-1195 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation. Amend reengrossed bill, page 2, line 22, strike "ASSIGNEE, OR CURRENT OWNER;" and substitute "ASSUMING PARTY, OR CURRENT OWNER OR EITHER A NOTATION ON THE REQUEST FOR RELEASE OF THE DEED OF TRUST OR A WRITTEN STATEMENT FROM THE HOLDER OF THE EVIDENCE OF DEBT SECURED BY THE DEED OF TRUST, THE TITLE INSURANCE COMPANY LICENSED AND QUALIFIED IN COLORADO, OR THE HOLDER OF THE ORIGINAL EVIDENCE OF DEBT THAT IS A QUALIFIED HOLDER, AS DEFINED IN SECTION 38-38-100.3 (20), THAT THEY HAVE NO RECORD OF A CURRENT ADDRESS THAT IS DIFFERENT FROM THE ADDRESS OF THE PROPERTY ENCUMBERED BY THE DEED OF TRUST BEING RELEASED;". Page 3, line 25, strike "ASSIGNEE," and substitute "ASSUMING PARTY,". Page 4, line 12, strike "ASSIGNEE," and substitute "ASSUMING PARTY,". Page 5, line 10, strike "ASSIGNEE," and substitute "ASSUMING PARTY,"; line 15, strike ""ASSIGNEE"" and substitute ""ASSUMING PARTY"". Page 6, line 25, strike "ASSIGNEE," and substitute "ASSUMING PARTY,"; after line 26, insert the following: "[ ] CHECK HERE IF CURRENT ADDRESS IS UNKNOWN.". Page 9, line 13, strike "(1) (a), (3) (a), AND (3) (c)" and substitute "(1) (a) AND (3)"; line 23, strike "(1) (a), (3) (a), and (3) (c)," and substitute "(1) (a) AND (3),". Page 10, line 2, strike "ASSIGNEE," and substitute "ASSUMING PARTY,"; after line 3, insert the following: "[ ] CHECK HERE IF CURRENT ADDRESS IS UNKNOWN."; line 26, strike "(3) (a) AND (3) (c)," and substitute "(3),". Page 11, strike lines 11 through 23 and substitute the following: "3. The owner of the evidence of debt agrees that it is obligated to indemnify the Public Trustee pursuant to § 38-39-102 (3.5) (a), Colorado Revised Statutes, for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release. 4. It is one of the entities described in § 38-39-102 (3.5) (b), Colorado Revised Statutes. IT IS ONE OF THE FOLLOWING ENTITIES (CHECK APPLICABLE BOX): a. [ ] THE HOLDER OF THE ORIGINAL EVIDENCE OF DEBT THAT IS A QUALIFIED HOLDER, AS SPECIFIED IN § 38-39-102 (3) (a), COLORADO REVISED STATUTES, THAT AGREES THAT IT IS OBLIGATED TO INDEMNIFY THE PUBLIC TRUSTEE FOR ANY AND ALL DAMAGES, COSTS, LIABILITIES, AND REASONABLE ATTORNEY FEES INCURRED AS A RESULT OF THE ACTION OF THE PUBLIC TRUSTEE TAKEN IN ACCORDANCE WITH THIS REQUEST FOR RELEASE; b. [ ] THE HOLDER OF THE EVIDENCE OF DEBT REQUESTING THE RELEASE OF A DEED OF TRUST WITHOUT PRODUCING OR EXHIBITING THE ORIGINAL EVIDENCE OF DEBT THAT DELIVERS TO THE PUBLIC TRUSTEE A CORPORATE SURETY BOND AS SPECIFIED IN § 38-39-102 (3) (b), COLORADO REVISED STATUTES; OR c. [ ] A TITLE INSURANCE COMPANY LICENSED AND QUALIFIED IN COLORADO, AS SPECIFIED IN § 38-39-102 (3) (c), COLORADO REVISED STATUTES, THAT AGREES THAT IT IS OBLIGATED TO INDEMNIFY THE PUBLIC TRUSTEE FOR ANY AND ALL DAMAGES, COSTS, LIABILITIES, AND REASONABLE ATTORNEY FEES INCURRED AS A RESULT OF THE ACTION OF THE PUBLIC TRUSTEE TAKEN IN ACCORDANCE WITH THIS REQUEST FOR RELEASE. Senate Journal, March 20 HB08-1195 by Representative(s) Mitchell V.; also Senator(s) Taylor--Concerning the return of a release of a deed of trust after recording. Amendment No. 1, Local Government Committee Amendment. (Printed in Senate Journal, March 12, pages 535-536 and placed in members' bill files.) Amendment No. 2(L.016), by Senator Taylor. Amend reengrossed bill, page 2, line 2, strike "(1) (a)" and substitute "(1) (a), (2),". Page 3, after line 3, insert the following: "(2) If the purpose of the deed of trust has been fully or partially satisfied and the indebtedness secured by such deed of trust has not been paid, the public trustee shall release the deed of trust as to all or portions of the property encumbered by the deed of trust pursuant to the provisions of subsection (1) of this section if the request to release certifies that the purpose of the deed of trust has been fully or partially satisfied and if either the original evidence of debt is exhibited or the holder of the evidence of debt is a qualified holder. that has made, in the qualified holder's request for release or partial release, the certification contemplated in paragraph (a) of subsection (3) of this section.". As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. |