Master Form Deed of Trust and Master Form Mortgage in Colorado

This article is intended for educational purposes only and not as legal advice

November 6, 2015

A Master Form Deed of Trust (or Master Form Mortgage) does not encumber any particular property.  It doesn’t even include the names of the lender nor borrower.  This enables any lender to prepare individual deeds of trust for specific transactions and reference/incorporate any Master Form Deed of Trust recorded in the same county.  They are widely used in California, and perhaps they will catch on in Colorado as well since Colorado has a statute that specifically authorizes their use.

C.R.S. 38-35-109(1.5)  provides that any person may record in the office of the county clerk and recorder of any county a master form mortgage or master form deed of trust. Such forms shall be entitled to recordation without any acknowledgment or signature; without identification of any specific real property; and without naming any specific mortgagor, mortgagee, trustor, beneficiary, or trustee. Every instrument shall contain on the face of the document “Master form recorded by (name of person causing instrument to be recorded).” The county clerk and recorder shall index such master forms in the grantee index under the name of the person causing it to be recorded.  To read other helpful legal tips, visit my profile and view previous posts.

 

Written by:

Michael Selinfreund
President/General Counsel
Cherry Creek Title Services, Inc.,
Agent for First American Title Insurance Company & NATIC