(1) Nothing in this part 3 shall be construed in such manner as to destroy the validity of a bona fide lien upon real or personal property appearing of record prior to the seizure of personal property, prior to the filing of a notice of seizure, as provided in subsection (3) of this section, prior to the filing of a notice of lis pendens on real property, or prior to actual or constructive notice to the lienholder of the state's potential claim of public nuisance.
(2) Title to real or personal property subject to forfeiture pursuant to the provisions of this section shall vest in the state and the seizing agency at the earliest of: For currency, the time of the commission of the public nuisance act; the time of the physical seizure of said property, except for real property; the time of filing of a notice of seizure, as provided in subsection (3) of this section; the time of the filing of a notice of lis pendens on real property; or the time of the issuance of court process for seizure of property, as against anyone with prior actual notice thereof.
(3) Before or after the commencement of litigation regarding a vehicle or real property for which seizure or forfeiture is sought, the prosecuting attorney or seizing agency shall file a notice of seizure with the office of the clerk and recorder in the county where the property is located. A notice of seizure for real property shall expire within seventy days after filing unless an action is filed in court for abatement or forfeiture, under this part 3 or other applicable law. A notice of seizure shall contain: A description of the property for which seizure or forfeiture is being sought, including the street address and legal description for real property and the make, model, year, license number, and vehicle identification number for a vehicle; the date and location of the seizure if the property has already been seized; the identity of the seizing agency and prosecuting attorney; and the name of any person who is an owner of record or registered owner of the property or who is known to have, or who has asserted an interest in, the property. The notice of seizure shall also contain a statement giving notice that seizure or forfeiture of the property may be sought pursuant to this part 3, or other applicable law, and that any interest acquired in the property after the filing of the notice of the seizure will be subject to the forfeiture action in the event the property is forfeited.
Source: L. 73: p. 508, § 1. C.R.S. 1963: § 39-13-316. L. 87: Entire section amended, p. 638, § 12, effective July 1. L. 2003: Entire section amended, p. 905, § 17, effective July 1.
ANNOTATION
Conclusion that forfeiture dates from the time of seizure is supported by this section. United States v. Wilkinson, 686 P.2d 790 (Colo. 1984); People v. Elvin L. Gentry, P.C., 107 P.3d 1094 (Colo. App. 2004).
Although a lis pendens was evidence of the state's seizure of property, the expiration of the lis pendens in no way interfered with the state's title to the property. The state's interest in the property dates back to the seizure. Therefore, deeds of trust recorded on property after the state's seizure did not become superior to the state's interest once the lis pendens expired. People v. Elvin L. Gentry, P.C., 107 P.3d 1094 (Colo. App. 2004).