Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-39-100.5 Definitions
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The definitions in section 38-38-100.3 apply to this article unless the context otherwise requires. Source: L. 2007: Entire section added, p. 1845, � 24, effective January 1, 2008. 38-39-101. Effect of deed of trust to private trustee - nature of obligation secured. Any deed of t…
Colo. Rev. Stat. § 38-39-102 When deed of trust shall be released - definitions
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(1) (a) Except as otherwise provided in subsection (3)(a) of this section, upon compliance with the provisions of the deed of trust, a public trustee shall release a deed of trust upon the: (I) Receipt of a written request from the holder of the evidence of debt secured by the de…
Colo. Rev. Stat. § 38-39-104 Satisfaction of mortgage
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The lien of any mortgage encumbering property within the state of Colorado can be released only by the mortgagee executing a separate instrument of release executed under the formalities prescribed by the law regulating conveyances. All releases made prior to July 1, 1973, either…
Colo. Rev. Stat. § 38-39-105 Removal of improvements from encumbered property
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(1) An owner of real property shall not remove any improvement therefrom without first obtaining the written consent of the holder of any lien recorded prior to October 1, 1990, and the holder of the indebtedness secured by the deed of trust or mortgage having the most senior lie…
Colo. Rev. Stat. § 38-39-106 Future advances
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(1) Any mortgage may, by its terms, secure future advances up to a total maximum principal amount expressly set forth in such mortgage. Such mortgage shall be effective to secure payment of all advances, both obligatory and optional, up to the stated maximum principal amount to t…
Colo. Rev. Stat. § 38-39-109 When release of deed of trust is recorded
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(1) (a) Except as provided in paragraph (b) of this subsection (1), when a release of a deed of trust is presented to the county clerk and recorder for recording, the county clerk and recorder shall return the original release of a deed of trust to the original grantor, assuming …
Colo. Rev. Stat. § 38-39-201 Liens not to run over fifteen years
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(1) Except as provided in sections 38-39-202 and 38-39-204, any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due as shown by such mort…
Colo. Rev. Stat. § 38-39-202 Lien extended - method
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(1) The lien of a recorded mortgage or deed of trust may be extended without the written agreement of the owner of the property encumbered by such lien by an instrument in writing, signed by the owner of the obligation secured by such lien or by the person, firm, or corporation d…
Colo. Rev. Stat. § 38-39-203 No release necessary
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No release or other instrument shall be necessary to discharge the lien of any recorded mortgage or deed of trust which has expired or ceased to be a lien as provided in sections 38-39-201 and 38-39-202, but nothing in this section shall be construed as affecting or preventing th…
Colo. Rev. Stat. § 38-39-204 Effect of notice of action on lien
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If, prior to the expiration of the period as defined in sections 38-39-201 and 38-39-202 during which any recorded mortgage or deed of trust constitutes a lien, there shall be filed in the office of the county clerk and recorder of the proper county a notice of an action pending …
Colo. Rev. Stat. § 38-39-205 Action to be brought within fifteen years
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No action shall be commenced to foreclose the lien of any mortgage or deed of trust, unless such action is commenced prior to the date on which such mortgage or deed of trust ceases to be a lien pursuant to sections 38-39-201 and 38-39-202. Source: L. 90: Entire article R&RE, p. …
Colo. Rev. Stat. § 38-39-206 Does not extend any lien
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This article shall not be construed as extending any lien or the right to bring or maintain any action for which a shorter period may be provided by law. Source: L. 90: Entire article R&RE, p. 1678, � 3, effective October 1. Editor's note: This section is similar to former � 38-4…
Colo. Rev. Stat. § 38-39-207 Lien extinguished when action barred
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The lien created by any instrument shall be extinguished, regardless of any other provision in this article to the contrary, at the same time that the right to commence a suit to enforce payment of the indebtedness or performance of the obligation secured by the lien is barred by…
Colo. Rev. Stat. § 38-39-208 Action within seven years when in possession
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No action shall be commenced for any reason whatsoever to question or to set aside any foreclosure of any deed of trust, mortgage, or other lien, unless such action is commenced within seven years after the date of the vesting of title pursuant to such foreclosure. Source: L. 90:…
Colo. Rev. Stat. § 38-39-209 Mortgages to United States
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(1) Any mortgage, deed of trust, or other instrument executed by a corporation organized under the provisions of articles 40, 55, and 56 of title 7, C.R.S., and given to secure any indebtedness to the United States, or any agency or instrumentality thereof, which affects real or …