Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-29-111 Disposition of certificates of title
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(1) All certificates of title issued by the director shall be disposed of by him in the following manner: (a) If it appears from the records in the director's office and from an examination of the certificate of title that the manufactured home therein described is not subject to…
Colo. Rev. Stat. § 38-29-112 Certificate of title - transfer
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(1) Upon the sale or transfer of a manufactured home for which a certificate of title has been issued, the person in whose name said certificate of title is registered, if he is other than a dealer, shall, in his own person or by his duly authorized agent or attorney, execute a f…
Colo. Rev. Stat. § 38-29-113 Lost certificates of title
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(1) Upon the loss in the mails of any certificate of title to a manufactured home and accompanying papers which may be sent by an authorized agent to the director and upon an appropriate application of the owner or other person entitled to such certificate of title directed to th…
Colo. Rev. Stat. § 38-29-114 New manufactured homes - bill of sale - certificate of title
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(1) Upon the sale or transfer by a dealer of a new manufactured home, such dealer shall, upon the delivery thereof, make, execute, and deliver to the purchaser or transferee a good and sufficient bill of sale therefor, together with the manufacturer's certificate or statement of …
Colo. Rev. Stat. § 38-29-115 Sale to dealers - certificate need not issue
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Upon the sale or transfer to a dealer of a manufactured home for which a Colorado certificate of title has been issued, formal transfer and delivery of the certificate of title thereto shall be made as in other cases; except that, so long as the home so sold or transferred remain…
Colo. Rev. Stat. § 38-29-116 Transfers by bequest, descent, law
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Upon the transfer of ownership of a manufactured home by a bequest contained in the will of the person in whose name the certificate of title is registered, or upon the descent and distribution upon the death intestate of the owner of such home, or upon the transfer by operation …
Colo. Rev. Stat. § 38-29-117 Certificates for manufactured homes registered in other states
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(1) Whenever any resident of the state acquires the ownership of a manufactured home, located or to be located in the state of Colorado, by purchase, gift, or otherwise, for which a certificate of title has been issued under the laws of a state other than the state of Colorado, t…
Colo. Rev. Stat. § 38-29-119 Furnishing bond for certificates
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(1) In cases where the applicant for a certificate of title to a manufactured home is unable to provide the director or the director's authorized agent with a certificate of title thereto, duly transferred to such applicant, a bill of sale therefor, or other evidence of the owner…
Colo. Rev. Stat. § 38-29-120 Where to apply for certificate of title
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Except as may be otherwise provided by rule of the director, it is unlawful for any person who is a resident of the state to procure a certificate of title to a manufactured home in any county of this state other than the county in which such home is to be used as a residence. An…
Colo. Rev. Stat. § 38-29-121 Altering or using altered certificate
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Any person who alters or forges or causes to be altered or forged any certificate of title issued by the director pursuant to the provisions of this article, or any written transfer thereof, or any other notation placed thereon by the director or under his or her authority respec…
Colo. Rev. Stat. § 38-29-124 Amended certificate to issue, when
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If the owner of any manufactured home for which a Colorado certificate of title has been issued replaces any part of said home on which appears the identification number or symbol described in the certificate of title and by which said home is known and identified, by reason wher…
Colo. Rev. Stat. § 38-29-125 Security interests upon manufactured homes
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(1) Except as provided in this section, the provisions of the Uniform Commercial Code, title 4, C.R.S., relating to the filing, recording, releasing, renewal, and extension of mortgages, as the term is defined in section 38-29-102 (9), shall not be applicable to manufactured home…
Colo. Rev. Stat. § 38-29-126 Existing mortgages not affected
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Nothing in this article shall be construed to impair the rights of the holder of any lien on a manufactured home created by mortgage or otherwise prior to August 1, 1949, which remains unreleased and the undertaking which the lien thereof secures remains undischarged. Nothing in …
Colo. Rev. Stat. § 38-29-127 Foreign mortgages
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No mortgage on a manufactured home, filed for record in any state other than the state of Colorado, shall be valid and enforceable against the rights of subsequent purchasers for value, creditors, or mortgagees having no actual notice of the existence thereof. If the certificate …
Colo. Rev. Stat. § 38-29-128 Filing of mortgage
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The holder of any mortgage on a manufactured home desiring to secure to himself the rights provided for in this article and to have the existence of the mortgage and the fact of the filing thereof for public record noted on the certificate of title to the manufactured home thereb…
Colo. Rev. Stat. § 38-29-129 Disposition of mortgages by agent
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(1) The authorized agent upon receipt of the mortgage shall file the same in his office separately and apart from records affecting real property and personal property, other than manufactured homes, which he may by law be required to keep. Such mortgage shall be appropriately in…
Colo. Rev. Stat. § 38-29-130 Disposition after mortgaging
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Within forty-eight hours after a mortgage on a manufactured home has been filed in his office, the authorized agent shall mail to the director the certificate of title or bill of sale on which he has affixed his certificate respecting the filing of such mortgage. Upon the receipt…
Colo. Rev. Stat. § 38-29-131 Release of mortgages
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(1) Upon the payment or discharge of the undertaking secured by any mortgage on a manufactured home that has been filed for record and noted on the certificate of title in the manner prescribed in section 38-29-128, the legal holder of the certificate of title, in a place to be p…
Colo. Rev. Stat. § 38-29-132 New certificate upon release of mortgage
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Upon the release of any mortgage on a manufactured home, filed for record in the manner prescribed in section 38-29-128, the owner of the home encumbered by such mortgage, the purchaser from or transferee of the owner thereof as appears on the certificate of title, or the holder …
Colo. Rev. Stat. § 38-29-133 Duration of lien of mortgage - extensions
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(1) The duration of the lien of any mortgage on a manufactured home shall be for the full term of the mortgage, but the lien of the mortgage may be extended beyond the original term thereof for successive three-year periods during the term of the mortgage or any extension thereof…
Colo. Rev. Stat. § 38-29-134 Priority of mortgages
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The liens of mortgages filed for record and noted on a certificate of title to a manufactured home, as provided in sections 38-29-128 and 38-29-135, shall take priority in the same order that the mortgages creating such liens were filed in the office of the authorized agent. Sour…
Colo. Rev. Stat. § 38-29-135 Second or other junior mortgages
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(1) On and after July 1, 1977, any person who takes a second or other junior mortgage on a manufactured home for which a Colorado certificate of title has been issued may file said mortgage for public record and have the existence thereof noted on the certificate of title with li…
Colo. Rev. Stat. § 38-29-136 Validity of mortgage between parties
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Nothing in this article shall be construed to impair the validity of a mortgage on a manufactured home between the parties thereto as long as no purchaser for value, mortgagee, or creditor without actual notice of the existence thereof has acquired an interest in the manufactured…
Colo. Rev. Stat. § 38-29-137 Mechanics', warehouse, and other liens
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Nothing in this article shall be construed to impair the rights of lien claimants arising under any mechanics' lien law in force and effect in this state or the lien of any warehouseman or any other person claimed for repairs on or storage of any manufactured home, when a mechani…
Colo. Rev. Stat. § 38-29-138 Fees
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(1) (a) Upon filing with the authorized agent any application for a certificate of title, the applicant shall pay to the agent a fee of seven dollars and twenty cents, which shall be disposed pursuant to section 42-6-138, C.R.S. (b) Repealed. (2) Upon the receipt by the authorize…
Colo. Rev. Stat. § 38-29-139 Disposition of fees
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(1) All fees received by the authorized agent under the provisions of section 38-29-138 (1) and (2), upon application being made for a certificate of title, shall be disposed of pursuant to section 42-6-138 (1), C.R.S. (2) All fees collected by the authorized agent under the prov…
Colo. Rev. Stat. § 38-29-140 Director's records to be public
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All records in the director's office pertaining to the title to any manufactured home shall be public records and shall be subject to the provisions of section 42-1-206, C.R.S. This shall include any records regarding ownership of and mortgages on any manufactured home for which …
Colo. Rev. Stat. § 38-29-141 Penalties
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(1) No person may: (a) Sell, transfer, or in any manner dispose of a manufactured home in this state without complying with the requirements of this article. (b) (Deleted by amendment, L. 89, p. 1573, � 8, effective January 1, 1990.) (2) Any person who violates any of the provisi…
Colo. Rev. Stat. § 38-29-141.5 False oath
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Any person who makes any application for a certificate of title, written transfer thereof, satisfaction and release, oath, affirmation, affidavit, statement, report, or deposition required to be made or taken under any of the provisions of this article and who, upon such applicat…
Colo. Rev. Stat. § 38-29-143 Change of location - penalty
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(1) The owner shall file notice of any change of location within the county with the county assessor and the county treasurer or change of location from one county to another county with the county assessor and the county treasurer of each county within twenty days after such cha…
Colo. Rev. Stat. § 38-29-201 Verification of application form - supporting materials
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(1) In all instances under part 1 of this article in which an application for a certificate of title is filed with an authorized agent pursuant to section 38-29-107, the authorized agent, in his or her capacity as the clerk and recorder, shall file and record the documents set fo…
Colo. Rev. Stat. § 38-29-202 Certificate of permanent location
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(1) (a) If a manufactured home is permanently affixed to the ground so that it is no longer capable of being drawn over the public highways on or after July 1, 2008, the owner of the manufactured home shall file a certificate of permanent location. (b) If the certificate of perma…
Colo. Rev. Stat. § 38-29-203 Certificate of removal
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(1) (a) On or after July 1, 2008, a manufactured home shall not be removed from its permanent location unless the owner of the manufactured home files a certificate of removal. If a certificate of permanent location has not been previously filed and recorded for the manufactured …
Colo. Rev. Stat. § 38-29-204 Certificate of destruction
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(1) (a) If a manufactured home is destroyed, dismantled, or sold or otherwise disposed of as salvage on or after July 1, 2008, the owner of the manufactured home or the person on whose real property the manufactured home is situated shall file a certificate of destruction. (b) If…
Colo. Rev. Stat. § 38-29-205 Authorized agent - forward to the clerk and recorder
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If an authorized agent who receives a document for filing and recording pursuant to this part 2 is not the clerk and recorder for the county or city and county, the authorized agent shall forward such document to the clerk and recorder, for the clerk and recorder to file and reco…
Colo. Rev. Stat. § 38-29-206 Recorded documents - index
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Any document filed and recorded by a clerk and recorder pursuant to this part 2 shall be indexed in both the grantor and grantee indexes under the name of the owner or owners of the manufactured home and the owners of the land to which the manufactured home was affixed or permane…
Colo. Rev. Stat. § 38-29-207 Copy of certificates to assessor
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The clerk and recorder shall forward a copy of a certificate of permanent location, certificate of removal, and certificate of destruction to the assessor for the county or city and county. Source: L. 2008: Entire part added, p. 451, � 9, effective July 1.
Colo. Rev. Stat. § 38-29-208 Affidavit of real property
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(1) Any person can prove that a manufactured home and the land upon which it has been permanently affixed is real property by filing an affidavit of real property with the clerk and recorder for the county or city and county in which the manufactured home is located. The clerk an…
Colo. Rev. Stat. § 38-29-209 Fees - disposition
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(1) In all instances in which a document is to be filed and recorded pursuant to this part 2, the authorized agent or clerk and recorder, as the case may be, shall be paid such fees for each document so filed and recorded as are prescribed by law for the filing of like instrument…
Colo. Rev. Stat. § 38-30-101 Parties entitled to hold lands may convey
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Any person, association of persons, or body politic or corporate which is entitled to hold real estate, or any interest in real estate whatever, shall be authorized to convey the same to another or a body corporate or politic by deed. Source: R.S. p. 106, � 1. G.L. � 160. G.S. � …
Colo. Rev. Stat. § 38-30-103 Livery of seisin, not necessary
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Livery of seisin is in no case necessary for the conveyance of any lands, tenements, or hereditaments. Source: R.S. p. 106, � 2. G.L. � 161. G.S. � 199. R.S. 08: � 670. C.L. � 4871. CSA: C. 40, � 3. CRS 53: � 118-1-3. C.R.S. 1963: � 118-1-3.
Colo. Rev. Stat. § 38-30-104 Vendor's after-acquired title deemed in trust for vendee
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If any person sells and conveys to another by deed or conveyance, purporting to convey an estate in fee simple absolute, any tract of land or real estate lying and being in this state, not being possessed of the legal estate or interest therein at the time of the sale and conveya…
Colo. Rev. Stat. § 38-30-104.5 Grantor's interest in vacated right-of-way deemed included
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Every conveyance or encumbrance of real property, voluntary or otherwise, including but not limited to any form of deed, lease, deed of trust, mortgage, or lien, is deemed to include the grantor's interest, if any, in any vacated street, alley, or other right-of-way that adjoins …
Colo. Rev. Stat. § 38-30-105 Lands not in possession may be conveyed
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Any person claiming right or title to lands, tenements, or hereditaments, although he may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his interest in and to the same in as full and complete a manner as if he…
Colo. Rev. Stat. § 38-30-106 Tenant in fee tail takes in fee simple
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In cases where, by the common law, any person may be or become seized in fee tail of any lands, tenements, or hereditaments by virtue of any devise or conveyance, or by any other means whatsoever, such person, instead of becoming seized in fee tail thereof, shall be deemed and ad…
Colo. Rev. Stat. § 38-30-107 Estate granted deemed fee simple unless limited
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Every estate in land which is granted, conveyed, or devised to one, although other words necessary to transfer an estate of inheritance are not added, shall be deemed a fee simple estate of inheritance if a lesser estate is not limited by express words or does not appear to be gr…
Colo. Rev. Stat. § 38-30-107.5 Royalty interests - minerals or geothermal resources
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(1) Any conveyance, reservation, or devise of a royalty interest in minerals or geothermal resources, whether of a perpetual or limited duration, contained in any instrument executed on or after July 1, 1991, creates a real property interest which vests in the holder or holders o…
Colo. Rev. Stat. § 38-30-108 Conveyances to grantee in a representative capacity
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(1) An instrument conveying an interest in real property, in which the grantee is described as trustee, agent, conservator, executor, administrator, attorney-in-fact, personal representative, nominee, custodian, or a person acting in any other representative capacity, shall also …
Colo. Rev. Stat. § 38-30-108.5 Conveyances to trusts - ownership and transfer of property
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(1) A trust may acquire, convey, encumber, lease, or otherwise deal with any interest in real or personal property in the name of the trust. (2) In order to evidence the existence of a trust and the authority of one or more trustees to act on behalf of the trust with respect to a…
Colo. Rev. Stat. § 38-30-110 Rule against perpetuities inapplicable to cemetery trusts
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(1) Any gifts, bequests, transfers, grants, or conveyances of real or personal property by any one person in trust amounting to not more than twenty-five thousand dollars in value in the aggregate at the time of the creation of such trusts, the income of which is to be used exclu…