Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-35-101 Acknowledgments - form - prima facie evidence
4.8K chars
(1) No officer authorized to take acknowledgments of instruments affecting title to real property shall take or certify such acknowledgments unless the person making the same is personally known to such officer to be the identical person he represents himself to be or is proved t…
Colo. Rev. Stat. § 38-35-102 When unacknowledged instruments prima facie evidence
2.1K chars
(1) When an instrument, which by its terms constitutes a promise or obligation for the payment of money and also by its terms gives or creates or purports to give or to create a lien upon real estate as security for the payment of such money, at the time that such instrument has …
Colo. Rev. Stat. § 38-35-103 Acknowledgment before notary
0.3K chars
In addition to the officers empowered by law to take acknowledgments within or without the United States, deeds and other instruments in writing may be acknowledged before any notary public having a notarial seal. Source: L. 27: p. 587, � 2. CSA: C. 40, � 108. CRS 53: � 118-6-3. …
Colo. Rev. Stat. § 38-35-104 Acknowledged instruments as evidence
1.6K chars
All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting the title to real property, acknowledged or proved in accordance with this article or acknowledged, attested, or proved in accordance with the laws of this state or the…
Colo. Rev. Stat. § 38-35-105 Foreign instruments, prima facie evidence
2.9K chars
All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property in this state purporting to have been acknowledged or proved out of this state before a notary public or other officer empowered by the laws of t…
Colo. Rev. Stat. § 38-35-107 Recitals in deeds prima facie evidence - when
11.1K chars
All recitals contained in deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property that have remained of record in the office of the county clerk and recorder of the county where the real property affected …
Colo. Rev. Stat. § 38-35-110 Lis pendens as notice - issuance of certificate - expiration
7.3K chars
(1) After filing any pleading in an action in any court of record of this state or in any district court of the United States within this state wherein relief is claimed affecting the title to real property, any party to such action may record in the office of the county clerk an…
Colo. Rev. Stat. § 38-35-111 Option to purchase - notice for one year only
3.6K chars
(1) Recorded instruments in writing of the nature of an option to purchase affecting title to real property under the terms of which instruments possession is not delivered to the purchaser shall not constitute notice to any person for a period of more than one year after the tim…
Colo. Rev. Stat. § 38-35-114 Actions - parties to be named
4.4K chars
No person claiming any interest in real property under or through a person named as a defendant in an action concerning real property to which the Colorado rules of civil procedure are applicable need be made a party to such action unless his interest is shown of record in the of…
Colo. Rev. Stat. § 38-35-117 Mortgages, not a conveyance - lien theory
0.5K chars
Mortgages, trust deeds, or other instruments intended to secure the payment of an obligation affecting title to or an interest in real property shall not be deemed a conveyance, regardless of its terms, so as to enable the owner of the obligation secured to recover possession of …
Colo. Rev. Stat. § 38-35-118 Homestead, how conveyed - claimant insane
3.2K chars
(1) Except as provided in section 38-41-202 (3), to convey or encumber homesteaded property, the husband and wife, if the owner thereof is married, shall execute the conveyance or encumbrance. Such conveyance or encumbrance may be by one instrument or separate instruments which m…
Colo. Rev. Stat. § 38-35-119 Release not a conveyance
0.5K chars
All instruments executed for the purpose of releasing any lien or encumbrance against real property shall be considered only as discharging and canceling such lien or encumbrance. No such release shall convey to any person, except the record owner of the property, any right, titl…
Colo. Rev. Stat. § 38-35-120 Record of first and last parcels includes intervening parcels
4.4K chars
All instruments wherein the parcels of property affected are not separately enumerated or listed but are described as being from one numbered, lettered, or designated parcel to another shall be construed as including the first and last designated parcels and also the intervening …
Colo. Rev. Stat. § 38-35-123 Liens - notice - current address
0.6K chars
(1) Any instrument which creates a lien on real property, except mechanics' liens, when recorded in the office of the county clerk and recorder of the county where such real property is situated shall include on its face the current mailing address of the lienor and lienee when s…
Colo. Rev. Stat. § 38-35-124 Requirements upon satisfaction of indebtedness
3.6K chars
(1) Except as provided in articles 22 and 23 of this title or as otherwise provided in this section, when all indebtedness, whether absolute or contingent, secured by a lien on real property has been satisfied, unless the debtor requests in writing that the lien not be released, …
Colo. Rev. Stat. § 38-35-124.5 Effect of written payoff statement
6.1K chars
(1) Any person or entity providing closing and settlement services for a real estate transaction and to whom a payoff statement is addressed shall be entitled to reasonably rely on the amounts that are set forth in such payoff statement for the time frame set forth therein and sh…
Colo. Rev. Stat. § 38-35-126 Contract for deed - escrow of tax moneys - written notice
24.6K chars
(1) (a) Parties entering into a contract for deed to real property shall designate the public trustee of the county where the real property is located to act as escrow agent for moneys paid or to be paid by the purchaser to meet the property tax obligations on the real property, …
Colo. Rev. Stat. § 38-35-201 Definitions
1.6K chars
As used in this part 2, unless the context otherwise requires: (1) Federal official or employee means an appointed or elected official or any employee of the government of the United States of America or of any agency of such government as defined for purposes of the Federal Tort…
Colo. Rev. Stat. § 38-35-202 Recording or filing
1.4K chars
(1) Any state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state, may accept or reject for recording or filing any document that the state or local official or employee reasonably believes in good f…
Colo. Rev. Stat. § 38-35-203 Action to enforce
1.4K chars
(1) No spurious lien or spurious document shall hold or affect any real or personal property longer than thirty-five days after the lien or document has been recorded or filed in the office of any state or local official or employee, including the office of the clerk and recorder…
Colo. Rev. Stat. § 38-35-204 Order to show cause
2.7K chars
(1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed…