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 …
Colo. Rev. Stat. § 38-40-104 Cause of action - attorney fees
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(1) If any applicant or debtor is aggrieved by a violation of section 38-40-103, 38-40-103.5, or 38-40-106 and the violation is not remedied in a reasonable, timely, and good faith manner by the party obligated to do so, and after a good faith effort to resolve the dispute is mad…
Colo. Rev. Stat. § 38-41-101 Limitation of eighteen years
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(1) No person shall commence or maintain an action for the recovery of the title or possession or to enforce or establish any right or interest of or to real property or make an entry thereon unless commenced within eighteen years after the right to bring such action or make such…
Colo. Rev. Stat. § 38-41-102 How computed
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If such right or title first accrued to an ancestor, predecessor, or grantor of the person who brings the action or to any person from, by, or under whom he claims, the eighteen years shall be computed from the time when the right or title so accrued. Source: L. 27: p. 599, � 31.…
Colo. Rev. Stat. § 38-41-103 Evidence of adverse possession
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If the records in the office of the county clerk and recorder of the county wherein the real property is situate show by conveyance or other instrument that the party in possession or his predecessors or grantors, through descent, conveyance, or otherwise, have asserted a continu…
Colo. Rev. Stat. § 38-41-104 Time to make an entry or bring an action to recover land
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(1) The right to make an entry or bring an action to recover land shall be deemed to have first accrued at the following times: (a) When any person is disseised, his right of entry or of action shall be deemed to have accrued at the time of disseisin. (b) When he claims as heir o…
Colo. Rev. Stat. § 38-41-105 Abstract of title prima facie evidence
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An abstract of title certified by any reputable Colorado abstractor or abstract company incorporated under the laws of the state of Colorado may be used to establish prima facie evidence that the chain of title is as shown by the abstract, except as to any of the instruments of c…
Colo. Rev. Stat. § 38-41-107 Rights of heirs
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The heirs, devisees, and assigns of the person having such title and possession shall have the same benefit of sections 38-41-101 to 38-41-106 as the person from whom the possession is derived. Source: L. 27: p. 601, � 36. CSA: C. 40, � 142. CRS 53: � 118-7-7. C.R.S. 1963: � 118-…
Colo. Rev. Stat. § 38-41-109 When in possession under color of title - unoccupied lands
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Whenever a person having color of title, made in good faith, to vacant and unoccupied land pays all taxes legally assessed thereon for seven successive years, he shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to t…
Colo. Rev. Stat. § 38-41-111 When action will not lie against person in possession
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(1) No action shall be commenced or maintained against a person in possession of real property to question or attack the validity of or to set aside, upon any ground or for any reason whatsoever any final decree or final order of any court of record in this state or any instrumen…
Colo. Rev. Stat. § 38-41-112 Legal disability - extension of two years
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Persons under legal disability at the time the right of action first accrued who, at the time of the expiration of the limitation applicable, are still under such disability shall have two years from the expiration of a limitation to commence action, and no action shall be mainta…
Colo. Rev. Stat. § 38-41-113 Limitations may be asserted affirmatively or by way of defense
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The limitations provided for in this part 1 may be asserted either affirmatively or by way of defense and may be used in any action as a source of or as a means to establish title or the right of possession or as an aid or explanation of title. Actions may be maintained affirmati…
Colo. Rev. Stat. § 38-41-114 When limitations apply
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The limitations established in this part 1 shall apply to causes of action that have accrued prior to March 28, 1927, as well as to all causes of action accruing thereafter. This part 1 shall not be construed as reviving any action barred by any former or other statute. Source: L…
Colo. Rev. Stat. § 38-41-115 Setting aside judgments against unknown parties
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No action shall be brought after the expiration of one year from March 14, 1923, to set aside any decree or judgment entered in any action brought against unknown parties where there has been a substantial compliance with the requirements of the Colorado rules of civil procedure …
Colo. Rev. Stat. § 38-41-116 Actions to enforce contracts of sale
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No action or proceeding whatsoever shall be brought or maintained by any person to enforce or procure any right or title accorded to the purchaser under any contract for the purchase and sale of real property if such person is not in possession of the real property described in a…
Colo. Rev. Stat. § 38-41-117 Actions to enforce bonds for deeds
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No action or proceeding whatsoever shall be brought or maintained by any person who is or may become entitled to have conveyed to him any real property under the terms of any bond for a deed to real property or under the terms of any agreement in the nature of a bond for a deed t…
Colo. Rev. Stat. § 38-41-118 Construction of sections
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(1) Sections 38-41-116 to 38-41-118 shall not be construed to alter, modify, amend, or repeal any of the terms and provisions of section 38-35-111. (2) The limitations imposed by sections 38-41-116 to 38-41-118 shall not apply to any action or proceeding that has been commenced p…
Colo. Rev. Stat. § 38-41-119 One-year limitation
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No action shall be commenced or maintained to enforce the terms of any building restriction concerning real property or to compel the removal of any building or improvement on land because of the violation of any terms of any building restriction unless said action is commenced w…
Colo. Rev. Stat. § 38-41-201 Homestead exemption - definitions
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(1) Every homestead in the state is exempt from execution and attachment arising from any debt, contract, or civil obligation not exceeding in actual cash value in excess of any liens or encumbrances on the homesteaded property in existence at the time of any levy of execution th…
Colo. Rev. Stat. § 38-41-201.7 Definition of dwelling - personal property included
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(1) As used in this part 2, unless the context otherwise requires, dwelling means conventional housing and personal property that is actually used as a residence, including: (a) A vehicle, as defined in section 42-1-102 (112), including any trailer, as defined in section 42-1-102…
Colo. Rev. Stat. § 38-41-203 Exemption only while occupied
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Said property, when so homesteaded, shall only be exempt as provided in this part 2 while occupied as a home by the owner thereof or his family. Source: R.S. p. 385, � 59. G.L. � 1345. G.S. � 1633. R.S. 08: � 2952. C.L. � 5926. CSA: C. 93, � 25. L. 53: p. 411, � 2. CRS 53: � 77-3…
Colo. Rev. Stat. § 38-41-204 Surviving spouse and minor children entitled
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When any person dies seized of a homestead leaving a surviving spouse or minor children, such surviving spouse or minor children are entitled to the homestead exemption. In cases where there is neither surviving spouse nor minor children, the homestead shall be liable for the deb…
Colo. Rev. Stat. § 38-41-205 Of what homestead may consist
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(1) The homestead mentioned in this part 2 may consist of: (a) A dwelling, as defined in section 38-41-201.7; (b) A house and lot or lots, including manufactured homes, mobile homes, trailers, and trailer coaches, as set forth in section 38-41-201.6; or (c) A farm consisting of a…
Colo. Rev. Stat. § 38-41-206 Levy on homestead - excess - costs
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(1) Before any creditor of the owner of the homesteaded property may proceed against said property, such creditor shall file with the county clerk and recorder of the proper county and the sheriff or other proper officer authorized to levy on said property: (a) His affidavit show…
Colo. Rev. Stat. § 38-41-207 Proceeds exempt - bona fide purchaser
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(1) The following proceeds are exempt from execution or attachment for a period of three years after receipt if the person entitled to the exemption keeps the exempted proceeds separate and apart from other money so that the proceeds may be always identified: (a) The proceeds fro…
Colo. Rev. Stat. § 38-41-208 Survival of exemption
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(1) If the property qualifies as a homestead for a joint tenant who is the husband or wife of the other joint tenant or one of the other joint tenants, then, upon the death of either spouse, the homestead shall continue in effect on the interest in such property of the surviving …
Colo. Rev. Stat. § 38-41-209 Insurance proceeds
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Whenever the improvements on property which has been homesteaded are insured in favor of a person entitled to the exemption and a loss is incurred entitling such person to the insurance or a part thereof, such insurance proceeds to the amount of the exemption shall be exempt in t…
Colo. Rev. Stat. § 38-41-210 Definitions - vendor's rights
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The terms owner of the property and householder mean a person holding any equity under a contract of sale or other agreement whereby such person is holding possession of the property, but the rights of the vendor or seller in such contract or other agreement shall always be super…
Colo. Rev. Stat. § 38-41-211 Exemption in addition to allowances
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The homestead exemption granted under this part 2 shall be in addition to and not in lieu of the exempt property and family allowances to a surviving spouse and minor and dependent children of a decedent and the preferences granted to dependents of protected persons under article…
Colo. Rev. Stat. § 38-41-212 Waiver
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(1) Any purchase by an encumbrancer, lienholder, or any other person or any redemption by a junior lienholder pursuant to a foreclosure sale conducted by any court, sheriff, public trustee, or other public official pursuant to a mortgage, deed of trust, or other lien which contai…
Colo. Rev. Stat. § 38-42-101 Lease with option to purchase, title requirements
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Every oil and gas or mining lease containing any provision whereby the lessor grants and sells to the lessee therein a right or option, at any time during the term thereof or any extensions or renewals thereof, to purchase any part of the lessor's mineral or royalty interest in, …
Colo. Rev. Stat. § 38-42-102 Option void, when
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Any such right or option contained in any oil and gas or mining lease which is executed subsequent to March 2, 1955, and the title or heading of which does not clearly state that such a right or option is contained therein shall be voidable at the option of the lessor, and upon a…
Colo. Rev. Stat. § 38-42-103 Title form
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The title or heading of such a lease containing such a right or option in the lessee as set forth in this article shall be deemed to satisfy the requirements of this article if it reads substantially as follows: Oil and gas lease with option to purchase, or mining lease with opti…
Colo. Rev. Stat. § 38-42-104 Lease surrendered, when
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When any oil, gas, or other mineral lease given on land situated in any county of Colorado and recorded therein becomes forfeited or expires by its own terms, it is the duty of the lessee, his successors, or assigns, within ninety days from April 30, 1957, if the forfeiture or ex…
Colo. Rev. Stat. § 38-42-105 Actions for surrender of lease - damages
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If the owner of such lease neglects or refuses to execute a release as provided by section 38-42-104, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action from the lessee, his successor…
Colo. Rev. Stat. § 38-42-106 Record of lease no longer notice unless affidavit recorded
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(1) The lessee of any oil, gas, or other mineral lease given on or after March 28, 1967, on land situated in this state or any owner of a partial interest in such lease shall, prior to the expiration of six months after the expiration of the primary or definite term set forth in …