HomeMy WebLinkAbout20241935.tiffRESOLUTION
RE: APPROVE REQUEST FOR FULL RELEASE OF DEED OF TRUST FOR
OUTSTANDING DEBT AND AUTHORIZE CHAIR TO SIGN - MELODY REPLOGLE
BAIRD AND SHARLEEN REPLOGLE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 8, 1988, the Weld County Department of Social Services,
placed a Deed of Trust (lien) for the Overpayment of Medical Assistance Benefits to
Melody Replogle Baird and Sharleen Replogle, in the amount of $16,574.59, on a property
located on the following described real estate below:
Lot 4, of the Replat of Block 3, in Edward's Homes
as shown by the Replat Recorded March 11, 1957,
in Book 9 of Maps, Page 46 of the Weld County
Records (also known as: 621 35th Avenue,
Greeley), County of Weld, State of Colorado
WHEREAS, the Board has been presented with a Release of Deed of Trust from the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services, and Melody Replogle Baird and
Sharleen Replogle, with further terms and conditions being as stated in said request, and
WHEREAS, the Director of the Department of Human Services requests the Deed of Trust
be released due to a change in ownership of the property listed above, and the passing of
Melody Replogle Baird and Sharleen Replogle, and
WHEREAS, the County Attorney's Office has advised the Board to provide said request
to the Public Trustee's Office, and release the Deed of Trust for outstanding debt, in the amount
of $16,574.59, and
WHEREAS, after review, the Board deems it advisable to approve said Request for Full
Release of Deed of Trust, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Request for Full Release of the Deed of Trust for outstanding debt, in
the amount of $16,574.59, on a property listed above, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Release of the Deed of Trust be provided to the Public Trustee's Office.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Request for Full Release of Deed of Trust.
C C : I -I S D, CA 03B/10t/h0
0V.27/2H
2024-1935
HR0096
FULL RELEASE OF DEED OF TRUST FOR OUTSTANDING DEBT - MELODY REPLOGLE
BAIRD AND SHARLEEN REPLOGLE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of July, A.D., 2024.
ATTEST:
Weld County Clerk to the Board
BY:6'Itii .i/JeAWrZk
Deputy Clerk to the Board
APPROVED
o ney
1I�3IZ
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTYCOLORADO
Kevin Ross, Chair
Perry L. BugjF, Pro-Tem
2024-1935
HR0096
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Lien on Property for Overpayment of Medical Assistance Benefits
DEPARTMENT: County Attorney's Office DATE: 7/9/2024
PERSON REQUESTING: Adria Schiel, on behalf of the Organizational Integrity Unit of Weld County
Department of Human Services
Brief description of the problem/issue:. On November 8, 1988, the Weld County Department of Social
Services filed a Deed of Trust (lien) on Ms. Replogle Baird's property in the amount of $16,574.59, due to the
overpayment of medical assistance benefits. Since the lien was recorded in 1988, the property has changed
owners Ms. Replogle Baird is now deceased, and it is unlikely the debt would be collectable. The Weld County
Department of Human Services is requesting that the lien be released. In order to release this lien, the County
Attorney's Office would need to submit a Release of Deed of Trust to the Weld County Public Trustee.
What options exist for the Board?
(1) Execute a Release of Deed of Trust with the Weld County Public trustee, which will release the debt in the
amount of $16,574.59.
(2) Do not file a Release of Deed of Trust and the lien would remain in the chain of title.
Consequences:
Impacts:
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $28.00 fee payable to the Weld
County Public Trustee to release the lien.
Recommendation: Release the lien in the amount of $16,574.59. This lien has been placed on the property
since 1988, the parties to the promissory note are deceased, and it is unlikely the debt would be collectible.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
via epa.2
7
2024-1935
.V7 4-009 to
Karla Ford
From:
Sent:
To:
Subject:
Approve
Sent from my iPhone
Mike Freeman
Wednesday, July 10, 2024 11:32 AM
Karla Ford
Re: Please Reply - Pass Around: Lien on Property for Overpayment of Medical
Assistance Benefits
On Jul 10, 2024, at 11:07 AM, Karla Ford <kford@weld.gov>wrote:
Commissioner Freeman, you missed this in the folder. Please advise if you support recommendation
and to have department place on the agenda.
Thanks.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
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From: Adria Schiel <aschiel@weld.gov>
Sent: Tuesday, July 9, 2024 2:13 PM
To: Karla Ford <kford@weld.gov>
Cc: Bruce Barker <bbarker@weld.gov>; Kimberly Rino <krino@weld.gov>; Karin McDougal
<kmcdougal@weld.gov>
Subject: Pass Around: Lien on Property for Overpayment of Medical Assistance Benefits
Hi Karla,
Can you please distribute the attached pass -around?
Thanks,
Adria Schiel
Assistant County Attorney
Weld County Attorney's Office
1150 "0" Street, P.O. Box 758
Greeley, CO 80632
(970) 400-4392
4973066 Pages: 1 of 1
07/25/2024 x.0:58 AM R Fee:$13.00
Carly Koppes, Clerk and Recorder, Weld County , CO
■III I��IUiZ ut�al�h;hi'kl I�;��Wht�Llah Nl��i��ifh 11111
Original Note and Deed of Trust Returned to: Weld County Attorneys Office, 1150 O Street, Greeley, CO 80632
WHEN RECORDED RETURN TO: Weld County Attorney's Office, 1150 O Street, Greeley, CO 80632
Prepared/Received by:
REQUEST FOR FULL El /PARTIAL
RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OF THE EVIDENCE OF DEBT WITH PRODUCTION OF
EVIDENCE OF DEBT PURSUANT TO § 38-39-102 (I) (a), COLORADO REVISED STATUTES
Melody Replogle Baird and S arleen S. Replogle
❑X Check here if current address is unknown
Date
Original Grantor (Borrower)
Current Address of Original Grantor,
Assuming Party, or Current Owner
Weld County Department of Social Services Original Beneficiary (Lender)
September 30, 1988
November 8, 1988
Weld 02161288
County Rcpt. No. and/or Film No. and/or Book/Page No. and/or Totrens Reg. No.
Date of Deed of Trust
Date of Recording and/or Re -Recording of Deed
of Trust
Recording Information
TO THE PUBLIC TRUSTEE OF Weld COUNTY (The County of the Public Trustee who is the appropriate
grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.)
PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured
by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied A
regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only
that portion of the real property described as: (IF NO LEGAL LIESCRIP77ON /SLIMED 77NS WILL DEDEEMED A RILL RELEASE)
Weld County Department of Human Services, 315 N. 11 drAve., Greeley, CO 80631
Kevin D. Ross, Ch
Name and Address of Current Holder of the Evidence of Debt Secured by Deed of Trust (Lender)
ar
of Court
oners, 1150 O Street, Greeley, CO 8063
e and Address of Officer, Agent, or Anon.
Signature
State of Colorado
The foregoing Req
Name,
, County of Weld
knowledged before me
(date) by*
�F�l IJ �,,, - mss • t'K OULd. VV 1 �,rv�a,l�i�e
31 1 O I Z o Z1P Date Commission Expires � /?\
.If applicable, insert title of officer and name of current holder No, Public Witness my hand and ofTicial seal \J
JANET M MANSANAREZ •WARWICK
NOTARY PUBLIC
Signnure STATE OF COLORADO
NOTARY ID 19974002388
MY COMMISSION EXPIRES MARCH 10, 2026
RELEASE OF DEED OF TRUST
WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust A the
Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness
referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust
has been fully or partially satisfied according to the written request of the current holder of the evidence of debt;
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby
acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel and forever discharge
the Deed a Trust or that portion of the real property described above A the Deed of Trust, together with all privileges and
appurtenances thereto belonging.
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Peig• rat
6f di nS Required by ,¢ 38-35-10.. , ' lorado Revised Statutes.)
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Rev. 09/09
092161288
B 1215 REC 02161288 11/08/88 12:07 $0.00 1/002
F 1066 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
'yv
.-'Deed ff `Ttust.-PFublic `Trc{rtee
THIS DEED OFTRUST is a conveyance in trust of real property to the Public Trustee of the county in Colorado in which
the Property described below is located. It has been signed and delivered by the "Debtor" to secure the "Indebtedness"
owing to the "Beneficiary".
THE SPECIFIC TERMS OF THIS INSTRUMENT ARE:
Debtor(s): (Give the name(s) and address(es) of each Debtor)
I,elody Replogle Baird and Sharleen S. Replogle
Benellciary(les): (Give the names) and addresses) of each Beneficiary)
Weld County Department of Social Services
315 North 11th Avenue, Greeley, Colorado
Indebtedness: (Give the date, amount, and maturity of the note. or the description of other form of obligation; indi-
ate if future advances are provided fort'
Tenant's Promissory Note of even date herewith in the
amount of $16,574.59 payable in full, principle and
interest, upon sale of the property described herein.
Real Property Description: (Include county and street address,
Lot Four (4), of the Replat of Block Three (3), in
EDWARD'S HOMES as shown by the Replat recorded
March 11, 1957 in Book 9 of Maps, Page 46 of the
Weld County Records in the City of Greeley, County
of Weld, State of Colorado.
Also Known as: 621 35th Avenue, Greeley, Colorado
Default Interest Rate:
Nine percent (9%)
Prior Encumbrances (II any):
Those of record.
THE GENERAL TERMS OF THIS INSTRUMENT ARE:
Conveyenee and Warra
n wNtn the Progeny Is locate
at
Condemnation As1
Donlon 01 the award wh
ine wortls "condemnau
of the Property,
amount Ot Intlebto
WeIVlr Of HOmlatead. Ina Debtor hereby fully and absolutely waives and releases his rignl under any DOlorad0 or lederal law Including any en•
actetl m [rte luture, ro Naim Ina Property as a ntlmesteatl or to claim any other exemption wlln respect to Ina Properly leg I, 47o h is made for Ina
benelil only 01 Ina a¢neliClary (da tlelined below) ane may no: be relletl upon by any glM1er pardon.
ed Rights, The Debtor retains Ina ngnt l0 the possession, use and enjoyment of Ina Prope ny. except as othe wise provided in this
)ebtor also retsina Ih¢ ngnt IO require the Public Trus[ee to fully release [rte in[erest m the Property Conveyatl 10 the PUDIic Trustee Dy
..: SUCh time a3 the I ntlabtatlne33 n85 been lolly paid OrOtherwise Sati3rietl; end the Debtorreteins the right to require parcel release Dy
IheyPubllc Trustee II DrOw5i0n5 /or genial rel¢a3e3 nave been adtlfd Ot felerre0 t0 DeID W. ThO Deb10f shall bl entitled lO relmbur3ament from In¢tSenefi-
Ciary for ah costs mCu rred by the Debtor in o Dlainino releases or Dania, releases, to the extent 1n0 costs are related tD a lailure or a relusal of the I6enefi-
Dlary 10 tleliver t0 th¢ Public TNSI¢C Ina riot¢ BVICe.tcing ine Indeote0ness ane to del fiver any other Instruments lawf idly required by the Public Trustee.
AddlGona to Indebtedness. The mdam arises wnn r pec
the IndeDleOness tlescribatl above luntlar Speollic Terms,. but stet
neaa. plus luture ddvanpea madt
7ermS men llgn3111tUIe aOYDn Ce:
COrrOC! any vi0
delault interest
Covenants try Debtor- In addition to
(al to Da
(bl to kei
to neithe
of the Property to the Public Trustee:ne Oebtor hereDyassigns to Ne
er payments attributable to the use or consumption of the Procerty.
n ngnts lohowing a deleul[. nave the right to collgct and retain all sues
awards vaid with respect to the Property, except for any
i of the award which the 9enetitiery elects not t0 accept
the IaM Ing of or fordamage to the Property orany portion
the right to that portion of the award which esceetls M e
Icl to pay, within ine time al
chargescould have pnOn
ro keep all bulltlinos end a
to kpg' fore
Coloreeatlantl I
hciary agrees es
mortgage clause. Eacl
of any canrc:!IFe4e'
DOIIae4, Shall be kept
fnclucles
xp
e hotels) or other tlOcument3 evidencing Ina IntleOtedngs:
nor move any Imorovemenb without mewntten consent of the eenenciary:
Dultl be impairetl: t0 mime! Violate nor permrl the yi0lab On Of dny law dlfecl-
assessments ane other
NIScovered'l aSIdnO-
Bchoi�e oIthe DeDlor,
in
a 7991 UPpATE LEGAL FORMS
P.O. 1 t6t Graaloyco ,Tot, 90634
(3G3) 356 I Igg
This form contains n due -on -sale clause;
9ffik0 cut if clause inappropriate.
N
B 1215 REC 02161288 11/08/88 12:07 $0.00 2/002
F 1067 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO
of wnlai Jaiiv
lot II Iho Property cO n9titules an interest in a GOnOamimum unit, to comply with au resulctwn9 antl repuiremenis imposed Dy the contlomr niu m tleclara-
tion end by Ina OylBws. rules and regula7lons 01 the homeowner's e5900i8ti0m
(11 t0 refrain Irom cnenginp the 2onrng o! rite Property, witnoul the written consent al the Benelrciary,
(g) tp pay when due the intlebtetlness secured by any prior encumbrance:
(h) to rpi mburge the BenellClery IOr any amounts which the Beneficiary ativances in Ortlxr l0 Gu re detain
faxes, assessments, insurance premiums. and 8mount9 tlue on prior encumbrances. pn0 to pay Inter
est rate; Ina OeDtor hereby ButnOriaes me Benelitiery t0 tur0 any such' delaulb by the Debtor;
(i) ilalOreclOsure proceeding is cpmmenCed, to pay allot mecostsoltheproCeedrnginclutling burn
eati0n 00915. the 0091 OI Ohtainin0 title eviAanna ann.esen..�wi.. ......�...:.._____..___-.__
Crly
DefauH and Acceleration. the Debto
instrument ewdenemg the InOebtetlnes9 ar
fupt Or makes a 9eneldl esSignment forme b
IntleDletlnass rm metliately Oue and payable
TAY Idke rm Rledidle pessessren antl r:enrrnl
is by the Deblorwitn reapKl[o the payment o}
5t on me amount advanced at to a default rnter-
Ot necessarily Iimiled 10 public 1ruSt88'5 fees. puDfr-
e the 8enelicrary for any Of those items paid Dy rite
i the Debtor's nghl Of possession of rite PropeM tlrmmateS.
a lessee. 10 comply with ono satisfy rn a IrmeW mann er all of me Obl;gaGOn3 untler
r s Deeo 017rust ii the Debtor f i) defaults on the notes) orother
,ant or term of this Deeo of Trust, or (in) is adjudipted a Dank -
h Oeldull, the Beneficiary may tleclare Iha emire Delon Ce Of the
fOGleC9 OI Ina stile d5 pr0-
rr IneDebtor Irom claiming
er paid t0 the Debtor Or me Bens•
neCl318ry t0 apply all Or 8 ponipn
y to exercise ms rigors untler this
not only thD 8enelicrary named untler5oeohc terms above.
e In Cebledness titter me de1Q 01 This Oeed 01 Tru1[. Ih! rplQr.
losu�e Sale under :nr5 Deed pl Trust. II any person piner Inert
racing the
DUe OM1 $ale, hall pr any part of the Pr00Crly or any inlere5t in Ina Property i5 s0ltl Ortranslerred in d Iran5a0lion wniGn i9 a"prpnrbnetl sale Or trans- lei", the Banehcrary may. at ors Opiron treat this DeeC ul Trust as being rn Celdult antl may dcGllerate Ina Indebletl ne35 as prOvitled above If the BQneli-
pidryrsprphibrte0by1;0701atl0law Irom dec Wring thedelaull antl aGCP.leralrpn.Ih� "- '
interest rate increase, the refusal or rail ure of Ina Irons lerfe 10 accept rn willing :he
Deetl of Trus: A"prpmbrletl sale or lr, n5l P.r"r5 any sale. Or lransler, mclutlme one
of an Opupn 10 purchase eaerci5nble al a IuIUIC date. Dui n01 including to In
(rdnsler OI IlhP by dCw5f Or 009GCnt.Or Oy UDCraliOn Ol idw uDOn lnC Oedlh Or E
edness
Miscellaneous Provisions. The
wtTNES� my nano ono o!nc y�I a�
My bommiaslon e9pirea: lb i-G 3— 91
Dt n,isl September IL__1.988
�ebtorls) as Dt Ina above aaly
rune for Corporellon, PMnenhip or 4asoclatlon:
PDIy'
IIIPCI the rights 011he BPnehOrarywiih res0ecit0 subsequent tlelaults �
r piper right Or rCmeOy PnhCr untler lnis Dee^. Ol Trull Or dvailablQ by
`-_._"_. uy, or successwcly y
aw. the COnfllcl shat{ n01 affetl Other prOvr5ron5 Of In r5 Deed
mdlrCellydmentletl a5 neClSSaryl0 COn10rm l0 any COrOradO Slalute or curs `
Cxtenl that Such aldtutC or rule o/COun prOvr0e4 Drpcadurea which are rn 'r
siahnP or n.lP Dr coin:;acplrcaDutotnesecurnv�nnsacnonwnich is lne V
patrons msDPolrng this seCunty Iran5aChOn, including as an errampl! an I�
ums or an agreement providing rot initial releases of Ihrs Deed pl Trust,
OI i[9 pr OvrsiOns COnlhGt with these 90t
has been recordetl. Ina Suppumeniel "J
Slgnrture Cleuae br Indlvldual(a):
Melody R logle Bailed Dempf
Sharleen S. Re logl Debtor
Debtor
Notary Pubd
B 1215 REC 02161289 11/08/88 12:07 $0.00 1/001
F 1068 MARY ANN FETIERSTEIN CLERK & RECORDER WELD CO, CO
A62161289 INSTALLMENT NOTE
$ 16,574.59 September 55• I9 88
FOR VALUE RECEIVED• I. Melody Replople Baird
r 621 15th Avcmtc Grcclry • Colorado InadR,.ljointly and
evem44mmkeid otheorderuf Weld County Department of Social Services
315 North 11th Avenue, Greeley, Colors q ,um of
Sixteen Thousand Five Hundred Seventy -Four end 100 5
Da 1n, wit mlerest at per cent per annum
payanlc;,,,,,ul,W, principle and accrued interest payable in full upon
sale of the property securing payment of this note. Pre -payment
allowed without penalty.
IT IS AGREED that if., note is not paid when due urdcel:u+:d Jue hereun.ler, the entire nnncipal and :ucruud inlCRsi thereon shall draw interest at the nu of ! percent
per unn�m. and Ihm tiOurcm make any payment of princip:ll or inieresl when due or any default undernny encumbrance or agreement securing this nod shall cause the whale
nine to heconte duo al once, or the interest lU h counlCd ;u principal. at the option of the holderaf rho note. The maAcn and endonen hereof xverally waive prtsentmem for
pnymem, pn+lcst notice ni nun•payment and protest, and agree to any extension nl'tinm ofpayment and partial payments before, at or after maturty, and itthis note orinterest
Illl'reUn 1� nUl p:ilJ WIIL•n Jlle. Ur,UII iS hmughl, agreL• IU p,ly all masonahlC Ct+.sis Uf Cl1lCCllUn including a reasonable amount
Melody P.logle Baird
CS*. 10298. Rev. 12.84. INSTALLMENT Nan: Brad. puhlish+n, sv,s w. co lin:, —,w;l J3.641Xt I?• t
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