County clerk and recorder - duties - filing requirements

Colo. Rev. Stat. § 30-10-406, under Government - County.

Colo. Rev. Stat. § 30-10-406

(1) The county clerk shall be ex officio recorder of deeds and shall have custody of and safely keep and preserve all the documents received for recording or filing in his or her office. During the hours the office is open for business, the clerk and recorder shall also record or cause to be recorded in print, or in a plain and distinct handwriting, or electronically, in suitable books or electronic records to be provided and kept in the clerk and recorder's office, all documents authorized by law to be recorded in his or her office and shall perform all other duties required by law.

(2) Upon recording any document to which a documentary fee applies, the clerk and recorder shall forward a clear, complete, and accurate copy of such document to the office of the county assessor. The clerk and recorder may forward the copy electronically to said office.

(3) (a) All documents received for recording or filing in the clerk and recorder's office, except a verification of application form as defined in section 38-29-102 (13), C.R.S., shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file any document that does not conform to the requirements of this paragraph (a).

(b) Repealed.

(4) The county clerk and recorder shall perform the duties prescribed in article 22 of title 15, C.R.S., with respect to the recording and processing of designated beneficiary agreements and revocations of such agreements.

Source: G.L. � 483. G.S. � 578. R.S. 08: � 1261. C.L. � 8736. CSA: C. 45, � 83. CRS 53: � 35-4-6. C.R.S. 1963: � 35-4-6. L. 76: Entire section amended, p. 753, � 1, effective June 10. L. 96: Entire section amended, p. 1557, � 4, effective July 1. L. 97: (3) added, p. 215, � 1, effective September 1. L. 2002: (1) and (2) amended, p. 789, � 2, effective August 7. L. 2009: (3)(a) amended, (SB 09-040), ch. 9, p. 62, � 1, effective July 1; (4) added, (HB 09-1260), ch. 107, p. 447, � 17, effective July 1. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2087, � 252, effective August 6.

Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective September 1, 1998. (See L. 97, p. 215.)

30-10-406.5. Redaction of first five digits of social security numbers on public documents. (1) A county clerk and recorder shall redact the first five digits of a social security number from a public document recorded with the clerk and recorder if:

(a) The document is in electronic form; and

(b) The clerk and recorder has the equipment needed to make the redaction.

(c) (Deleted by amendment, L. 2024).

(2) A county clerk and recorder may leave a social security number unredacted upon the request of the individual assigned the social security number or that individual's designee by power of attorney or appointment of personal representative, custodian, conservator, or guardian.

Source: L. 2014: Entire section added, (HB 14-1112), ch. 28, p. 171, � 1, effective January 1, 2015. L. 2024: Entire section amended, (HB 24-1269), ch. 394, p. 2718, � 7, effective July 1, 2025.

30-10-407. Microfilm and optical imaging records - when - standards for optical imaging systems. (1) When authorized by the board of county commissioners, the county clerk and recorder in counties, or cities and counties, may record the documents lawfully filed for record in his or her office by making and preserving microfilm or optical images thereof. Such county clerk and recorder shall properly index the same in the manner required by law. When the microfilm or optical imaging method of recording has been approved by the board of county commissioners and adopted by the county clerk and recorder, at least one microfilm reader to make the microfilms legible or at least one computer terminal to access optical imaging records shall be provided, and as many more microfilm readers or computer terminals as may prove necessary to give reasonable service to the public shall also be provided.

(2) At least two microfilms or two optical imaging database records shall be made of each recorded document, which shall be kept in separate buildings as far as reasonably may be done in order that they may not be subject to the same hazards. All sets of the microfilm and all optical imaging computer data shall be constantly under the control of the county clerk and recorder. One set of microfilm or one copy of the optical imaging database shall always be kept by the county clerk and recorder, so that the same is available to the public during the hours that said county clerk and recorder's office is open for business and so that persons desiring to inspect or examine the record may do so by means of microfilm reader and facilities or by means of optical imaging computer terminals maintained in said county clerk and recorder's office. Said records shall not be removed from the county clerk and recorder's office at any time for any purpose, except the security copy, which shall be kept in a security vault approved by the board of county commissioners and the county clerk and recorder. The security copy of the microfilm or optical image media may be deposited in the county records section of the department of personnel.

(3) (Deleted by amendment, L. 2004, p. 376, � 1, effective July 1, 2004.)

(4) Any document which cannot be satisfactorily recorded by microfilm or by optical imaging may be recorded by other methods of photographing or by transcribing by typewriter or by longhand.

(4.3) Regardless of the method by which a document is recorded, legible size prints shall be made on demand for the fee provided by law; except that the county clerk and recorder shall not be required to provide a print during the first three business days after a document is recorded.

(4.5) Any optical imaging system utilized by a county clerk and recorder shall, at minimum, produce permanent records which do not permit additions, deletions, or other changes to the original documents.

(5) Nothing in this section shall abridge or limit the power of any court to compel the production of any microfilm or optical imaging records in any proceeding.

Source: L. 51: p. 302, � 1. CSA: C. 45, � 83(1). L. 53: p. 222, � 1. CRS 53: � 35-4-7. C.R.S. 1963: � 35-4-7. L. 81: (2) amended, p. 1435, � 1, effective April 2. L. 92: Entire section amended, p. 960, � 1, effective March 25. L. 96: (2) amended, p. 1542, � 134, effective June 1. L. 2004: (1), (2), (3), and (4) amended and (4.3) added, p. 376, � 1, effective July 1.

30-10-408. Grantor and grantee indices to be kept by county clerk and recorder. (1) (a) Every county clerk and recorder shall keep a grantor index and a grantee index in the clerk and recorder's office. The grantor index may be divided into seven columns, with heads to the respective columns as follows:

Time of Names of Names of Type of

Reception Grantors Grantees Document

Volume and Description

Page Where Remarks of

Recorded Tract

(b) The clerk and recorder shall make correct entries in the grantor index of every document filed or recorded, as required by law, concerning or affecting real estate, under the appropriate headings, entering the names of the grantors in alphabetical order.

(2) (a) The grantee index may be divided into seven columns, with heads to the respective columns as follows:

Time of Names of Names of Type of

Reception Grantors Grantees Document

Volume and Description

Page Where Remarks of

Recorded Tract

(b) The clerk and recorder shall make correct entries in the grantee index of every document filed or recorded, as required by law, concerning or affecting real estate under the appropriate heading, entering the names of the grantees in alphabetical order.

(2.5) The county clerk and recorder shall properly enter a recorded document in the grantor and grantee indices as soon as practicable but not later than seven business days after the date on which the document is recorded.

(3) (a) In counties with the capability, the county clerk and recorder may substitute printouts, microfiches, aperture cards, or other legible photographic or electronic processes for the books and indices required by subsections (1) and (2) of this section. The security and public inspection provisions of section 30-10-407 shall apply to all such printouts, microfiches, aperture cards, or other photographic or electronic records. Both the grantor and grantee indices may be combined in one alphabetical listing with proper coding to indicate grantor and grantee, with both the grantor and grantee appearing in proper alphabetical order.

(b) A general index of releases may be maintained on printouts, microfiches, or aperture cards, by other legible photographic or electronic process, or in a separate book of releases containing a space to enter new index numbers of releases on a numerical listing of the original recording information of the document being released.

(c) Records kept under the provisions of this subsection (3) may substitute reception or index numbers for volume, film, or page numbers, and any electronic records may contain indices for as many years as the county clerk and recorder may deem useful for public inspection.

Source: G.L. � 484. G.S. � 579. L. 1889: p. 105, � 1. R.S. 08: � 1262. C.L. � 8737. CSA: C. 45, � 84. CRS 53: � 35-4-8. C.R.S. 1963: � 35-4-8. L. 81: (2)(b) amended and (3) added, p. 1435, � 2, effective January 1, 1982. L. 82: (2)(b) amended, p. 625, � 30, effective April 2. L. 96: Entire section amended, p. 1557, � 5, effective July 1. L. 2002: (3) amended, p. 790, � 3, effective August 7. L. 2004: (2.5) added, p. 377, � 2, effective July 1.