Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-36-158 Powers of attorney
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Any person may by attorney convey or otherwise deal with registered land, but the letters or power of attorney shall be acknowledged and filed with the registrar of titles and registered. Any instrument revoking such letters or power of attorney shall be acknowledged in like mann…
Colo. Rev. Stat. § 38-36-159 Encumbrances must be registered
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The owner of registered land may mortgage or encumber the same by executing a trust deed or other instrument sufficient in law for that purpose, and such instrument may be assigned, extended, discharged, released in whole or in part, or otherwise dealt with by the mortgagee by an…
Colo. Rev. Stat. § 38-36-160 Trust deed deemed a mortgage - how registered
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(1) A trust deed shall be deemed to be a mortgage, and be subject to the same rules as a mortgage, excepting as to the manner of the foreclosure thereof. The registration of a mortgage shall be made in the following manner: The owner's duplicate certificate shall be presented to …
Colo. Rev. Stat. § 38-36-161 Assignment, cancellation, and release of mortgage
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Whenever a mortgage upon which a mortgagee's duplicate has been issued is assigned, extended, or otherwise dealt with, the mortgagee's duplicate shall be presented with the instrument assigning, extending, or otherwise dealing with the mortgage, and a memorial of the instrument s…
Colo. Rev. Stat. § 38-36-162 Foreclosure of mortgage
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All charges upon registered land, or any estate or interest in the same, and any right thereunder may be enforced as is permitted by law, and all laws relating to the foreclosure of mortgages shall apply to mortgages upon registered land or any estate or interest therein, except …
Colo. Rev. Stat. § 38-36-163 Registration of final decree - new certificate issued
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In any action affecting registered land a judgment or final decree is entitled to registration on the presentation of a certified copy of the entry thereof from the clerk of the court where the action is pending to the registrar of titles. The registrar of titles shall enter a me…
Colo. Rev. Stat. § 38-36-164 Title acquired by action registered - when certificate issues
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Any person who has, by any action or proceeding to enforce or foreclose any mortgage, lien, or charge upon registered land, become the owner in fee of the land or any part thereof shall be entitled to have his title registered, and the registrar of titles shall, upon application …
Colo. Rev. Stat. § 38-36-165 Petition to court for new certificate
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In all cases wherein by this article it is provided that a new certificate of title to registered land shall be entered by order of the court, a person applying for such new certificate shall apply to the court by petition, setting forth the facts, and the court shall, after noti…
Colo. Rev. Stat. § 38-36-166 Registration of leases
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Leases for registered land for a term of three years or more shall be registered in like manner as a mortgage, and the provisions of section 38-36-160 relating to the registration of mortgages shall also apply to the registration of leases. The registrar shall, at the request of …
Colo. Rev. Stat. § 38-36-167 How transfer in trust registered
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(1) Whenever a deed or other instrument is filed in the office of the registrar of titles for the purpose of effecting a transfer of, or a charge upon, the registered land or any estate or interest in the same, and it appears that the transfer or charge is to be in trust, or upon…
Colo. Rev. Stat. § 38-36-168 New trustee - new certificate
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When the title to registered land passes from a trustee to a new trustee, a new certificate shall be entered to him and shall be registered in like manner, as upon an original conveyance in trust. Source: L. 03: p. 338, � 65. R.S. 08: � 781. C.L. � 4991. CSA: C. 40, � 236. CRS 53…
Colo. Rev. Stat. § 38-36-169 Trustee may apply for registration of land
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Any trustee shall have authority to file an application for the registration of any land held in trust by him, unless expressly prohibited by the instrument creating the trust. Source: L. 03: p. 338, � 66. R.S. 08: � 782. C.L. � 4992. CSA: C. 40, � 237. CRS 53: � 118-10-69. C.R.S…
Colo. Rev. Stat. § 38-36-170 Certificate of title number on all filings and registrations
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In every case where a writing of any description, or a copy of any writ, order, or decree is required by law to be filed or recorded in order to create or preserve any lien, right, or attachment upon unregistered land, such writing or copy when intended to affect registered land,…
Colo. Rev. Stat. § 38-36-171 How attachments, liens, and other rights enforced
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All attachments, liens, and rights of every description shall be enforced, continued, reduced, discharged, and dissolved by any proceeding or method sufficient and proper in law to enforce, continue, reduce, discharge, or dissolve like liens on unregistered land. All certificates…
Colo. Rev. Stat. § 38-36-172 Name and address of plaintiff's attorney
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The name and address of the attorney for the plaintiff in every action affecting the title to registered land shall be endorsed upon the writ or other writing filed in the office of the registrar of titles, and he shall be deemed the attorney of the plaintiff until written notice…
Colo. Rev. Stat. § 38-36-173 When judgment becomes a lien
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A judgment, decree, or order of any court shall be a lien upon or affect registered land or any estate or interest therein only when a certificate under the hand and official seal of the clerk of the court in which the same is of record, stating the date and purport of the judgme…
Colo. Rev. Stat. § 38-36-174 Title acquired by execution - new certificate issued
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Any person who has acquired any right, title, interest, or estate in registered land by virtue of any execution, judgment, order, or decree of the court shall register his title so acquired by filing in the office of the registrar of titles all writings or instruments permitted o…
Colo. Rev. Stat. § 38-36-175 Action disposed of - memorial canceled
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The certificate of the clerk of the court, in which any action or proceeding has been pending, or any judgment or decree is of record, that such action or proceeding has been dismissed or otherwise disposed of, or that the judgment, decree, or order has been satisfied, released, …
Colo. Rev. Stat. § 38-36-176 Petition and order for new certificate after redemption period
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Whenever registered land is sold, and the same is by law subject to redemption by the owner or any other person, the purchaser is not entitled to have a new certificate of title entered until the time within which the land may be redeemed has expired. At any time after the time t…
Colo. Rev. Stat. § 38-36-177 When certificate will issue to heir or devisee
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The heirs at law and devisees, upon the death of an owner of lands, and any estate or interest therein, registered pursuant to this article, on the expiration of thirty days after the entry of a decree of the district or probate court granting letters testamentary or of administr…
Colo. Rev. Stat. § 38-36-178 Sale or mortgage of lands in probate
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Nothing in this article shall include, affect, or impair the jurisdiction of the district or probate court to order an executor, administrator, or guardian to sell or mortgage registered land for any purpose for which such order may be granted in the case of unregistered land. Th…
Colo. Rev. Stat. § 38-36-179 Trustees to file copy of authority - effect
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An assignee for the benefit of creditors, receiver, trustee in bankruptcy, master, special commissioner, or other person appointed by court shall file in the office of the registrar of titles the instrument by which he is vested with title, estate, or interest in any registered l…
Colo. Rev. Stat. § 38-36-180 Eminent domain - fees - reversion
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Whenever registered land, or any right or interest therein, is taken by eminent domain, the state or body politic, or corporate or other authority exercising such right, shall pay all fees on account of any memorial or registration or entry of new certificates or duplicate thereo…
Colo. Rev. Stat. § 38-36-181 Issuance of new certificate - amendment of duplicates
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(1) In every case where the registrar of titles enters a memorial upon a certificate of title, or enters a new certificate of title, in pursuance of any instrument executed by the registered owner, or by reason of any instrument or proceeding which affects or devises the title of…
Colo. Rev. Stat. § 38-36-182 Court may refer application to examiner of titles
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In all cases where, under the provisions of this article, application is made to the court for any order or decree, the court may refer the matter to one of the examiners of title for hearing and report, in like manner as is provided in section 38-36-118 for the reference of the …
Colo. Rev. Stat. § 38-36-183 Examiner of titles to advise registrar - other powers
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Examiners of title shall, upon the request of the registrar of titles, advise him upon any act or duty pertaining to the conduct of his office and shall, upon request, prepare the form of any memorial to be made or entered by the registrar of titles. The examiner of titles has fu…
Colo. Rev. Stat. § 38-36-184 Requirements of instruments filed for registration
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Every writing and instrument required or permitted by this article to be filed for registration shall contain or have endorsed upon it the full name, place of residence, and post-office address of the grantee or other person acquiring or claiming any right, title, or interest und…
Colo. Rev. Stat. § 38-36-185 Adverse claim - filed - hearing - costs
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(1) Any person claiming any right or interest in registered land, adverse to the registered owner, arising subsequent to the date of the original registration, if no other provision is made in this article for registering the same, may make a statement in writing, setting forth f…
Colo. Rev. Stat. § 38-36-186 Fees paid registrar upon registration - disposition
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(1) Upon the original registration of land under this article, and also upon the entry of a certificate showing title as registered owners in heirs or devisees, there shall be paid to the registrar of titles one-tenth of one percent of the valuation for assessment of the real est…
Colo. Rev. Stat. § 38-36-187 Indemnity for loss due to mistake or misfeasance
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Any person sustaining loss or damage through any omission, mistake, or misfeasance of the registrar of titles, or of any examiner of titles, or of any deputy, or by the mistake or misfeasance of the clerk of the court or any deputy in the performance of their respective duties un…
Colo. Rev. Stat. § 38-36-188 Defendants to indemnity suit - judgment - how collected
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(1) If such action is for recovery for loss or damage arising only through any omission, mistake, or misfeasance of the registrar of titles, or his deputies, or of any examiner of titles, or any clerk of court, or his deputy in the performance of their respective duties under the…
Colo. Rev. Stat. § 38-36-189 When assurance fund not liable - maximum judgment
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The assurance fund shall not be liable in any action to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage or…
Colo. Rev. Stat. § 38-36-190 Action must be brought within six years - exception
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No action or proceeding for compensation for or by reason of any deprivation, loss, or damage occasioned or sustained as provided in this article shall be made, brought, or taken except within the period of six years from the time when the right to bring or take such action or pr…
Colo. Rev. Stat. § 38-36-191 Alteration of certificate only on order of court
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(1) No erasure, alteration, or amendment shall be made upon the register of titles after the entry of a certificate of title or a memorial thereon and the attestation of the same by the registrar of titles, except by order of the court. Any registered owner or other person in int…
Colo. Rev. Stat. § 38-36-192 Theft of certificate
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Certificates of title and duplicate certificates entered or issued under this article shall be subjects of theft, and anyone stealing any such certificate commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S. Source: L. 03: p. 349, � 90. R.S. 08…
Colo. Rev. Stat. § 38-36-193 Perjury
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Whoever knowingly swears falsely to any statement required by this article to be made under oath is guilty of perjury in the second degree and, upon conviction thereof, is liable to the statutory penalties therefor. Source: L. 03: p. 349, � 91. R.S. 08: � 807. C.L. � 5017. CSA: C…
Colo. Rev. Stat. § 38-36-194 Fraudulently procuring certificate a felony
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Whoever fraudulently procures, or assists in fraudulently procuring, or is privy to the fraudulent procurement of any certificate of title or other instrument, or of any entry in the register of titles or other book kept in the office of the registrar of titles, or of any erasure…
Colo. Rev. Stat. § 38-36-195 Forging seal or signature a felony
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Whoever forges, or procures to be forged, or assists in forging the seal of the registrar, or the name, signature, or handwriting of any officer of the registry office, in cases where such officer is expressly or impliedly authorized to affix his or her signature; or forges, or p…
Colo. Rev. Stat. § 38-36-196 Remedy against one criminally liable not affected
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No proceeding or conviction for any act declared to be a felony shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act or against his estate. Source: L. 03: p. 350, � 94. R.S. …
Colo. Rev. Stat. § 38-36-197 Docket fees - expenses of publication
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(1) On the filing of any application for registration the applicant shall pay to the clerk of the court such docket and clerk fees as are provided by law for civil actions and proceedings. (2) Any defendant, on entering his appearance, shall pay to the clerk of the court such fee…
Colo. Rev. Stat. § 38-36-198 Fees to be paid registrar - application of fees
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(1) The fees to be paid to the registrar of titles shall be as follows: (a) At or before the time of filing of the certified copy of the application with said registrar, the applicant shall pay to said registrar the fee prescribed by section 38-36-186; (b) For granting certificat…
Colo. Rev. Stat. § 38-36-199 Article liberally construed
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(1) This article shall be construed liberally, so far as may be necessary for the purpose of carrying out its general intent, which is that any owner of land may register his title and bring his land under the provisions of this article, but no one is required to do so. (2) All l…
Colo. Rev. Stat. § 38-36-201 Short title
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The short title of this part 2 is The Conclusion of the Torrens Title Registration Act. Source: L. 2017: Entire part added, (SB 17-140), ch. 212, p. 827, � 3, effective August 9.
Colo. Rev. Stat. § 38-36-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Adverse instrument means any document, instrument, paper, or order that adversely affects, but does not convey, the fee title to registered land, and the validity of which is not dependent upon consent by an owner…
Colo. Rev. Stat. § 38-36-203 Registration - adverse instruments
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On and after August 9, 2017, and before January 1, 2020, the registrar shall only accept an adverse instrument for registration on registered land under part 1 of this article 36. Source: L. 2017: Entire part added, (SB 17-140), ch. 212, p. 827, � 3, effective August 9.
Colo. Rev. Stat. § 38-36-204 Registration - conveyance instruments - recording
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(1) On and after August 9, 2017, and before January 1, 2020, the registrar shall refuse to accept a conveyance instrument for registration under part 1 of this article 36. Instead of accepting the conveyance instrument for registration, the registrar shall record in the office of…
Colo. Rev. Stat. § 38-36-205 Certificate of title - recording - notice
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(1) On or before January 1, 2020, the registrar shall remove all the remaining registered land from registration by recording in the office of the county clerk and recorder under article 35 of this title 38 a certificate of title, with all notations, certifications, memorials, an…
Colo. Rev. Stat. § 38-36-206 Recording fees - waived
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A registrar shall not charge any fees for recording a certificate of title under section 38-36-204 or 38-36-205. Source: L. 2017: Entire part added, (SB 17-140), ch. 212, p. 829, � 3, effective August 9.
Colo. Rev. Stat. § 38-36-207 New chain of record
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(1) The recording of a certificate of title under section 38-36-204 or 38-36-205 removes the land described in the certificate from this article 36 with the same effect as withdrawal pursuant to section 38-36-136. After the recording, the recorded certificate of title constitutes…
Colo. Rev. Stat. § 38-36-208 Effect of recording
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(1) Recording of a certificate of title under section 38-36-204 or 38-36-205 has no effect on any proceedings under the registry system where the question of title to the real property has been determined. All proceedings conducted in connection with the registering of title that…