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Colorado Statutes, Title 38

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Title 38, Property - Real and Personal

0 chapters · 1,193 sections in this title.

All chapters in Title 381,193 Ch 12114 Ch 36110 Ch 13106 Ch 33.382 Ch 3074 Ch 2953 Ch 3844 Ch 639 Ch 2235 Ch 3534 Ch 4134 Ch 126 Ch 2026 Ch 1025

1,193 sections·Filtered byTitle 38✕

Colo. Rev. Stat. § 38-38-504 Deed evidence of compliance
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Any deed executed by an officer or other official under this article shall be prima facie evidence of compliance with all statutory requirements for the sale and execution of the deed and evidence of the truth of the recitals contained in the deed. Source: L. 90: Entire article R…
Colo. Rev. Stat. § 38-38-505 Effect of foreclosures as to certain classes of persons
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(1) All deeds of trust executed to a public trustee may be foreclosed by such public trustee in the manner provided by section 38-38-101, notwithstanding the fact that the indebtedness secured may constitute a claim against the estate of a deceased person, a mental incompetent, o…
Colo. Rev. Stat. § 38-38-506 Omitted parties - definitions
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(1) As used in this section, "omitted party" means any person who: (a) Prior to the recording of the notice of election and demand or lis pendens, has either acquired a record interest in the property or has obtained a valid possessory interest and is in actual possession of the …
Colo. Rev. Stat. § 38-38-601 Receiver appointed upon application

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(1) When an action or proceeding has been commenced to foreclose a mortgage, trust deed, or other instrument securing an indebtedness, a receiver of the property affected shall be appointed upon application at any time prior to the sale, if it appears that the security is clearly…

Colo. Rev. Stat. § 38-38-602 Appointment of receiver to prevent waste

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(1) During the period of redemption, the owner of the premises or the person in possession shall not commit waste, and the purchaser shall have such action or remedy for waste, including injunction, as he would have as owner of the premises. During such period, the owner of the p…

Colo. Rev. Stat. § 38-38-701 Application - use of term "foreclosure"

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(1) Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply: (a) To proceedings for the foreclosure of deeds of trust through the public trustee commenced on or after July 1, 2007; and (b) In the case of proceedings and actio…

Colo. Rev. Stat. § 38-38-702 Limitation of officer's liability

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(1) An officer shall not have responsibility or liability for determining: (a) The amount or reasonableness of a bid at a sale under section 38-38-106, the amount required to cure under section 38-38-104, or the amount required to redeem under section 38-38-302; (b) The accuracy …

Colo. Rev. Stat. § 38-38-703 No waiver of or agreement to shorten right to cure

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A waiver of or agreement to shorten the time period to exercise the right to cure a default granted by the provisions of this article that is made before the date of the default as to which the waiver is granted under a deed of trust, mortgage, or other instrument evidencing a li…

Colo. Rev. Stat. § 38-38-704 Providing information to homeowner and public

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(1) Repealed. (2) (a) Notwithstanding any provision of the deed of trust or other lien being foreclosed or any provision of law to the contrary, an officer may, at his or her discretion, provide to an owner of the property or to any person liable on the secured indebtedness or ot…

Colo. Rev. Stat. § 38-38-705 Curative provisions

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(1) If the public trustee fails to comply with any of the notice deadlines set forth in this article, unless the foreclosure has already been withdrawn by the holder of the evidence of debt or the holder's attorney, following written notice to the holder of the evidence of debt o…

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.

Colo. Rev. Stat. § 38-39-101 Effect of deed of trust to private trustee - nature of obligation secured

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Any deed of trust that names any person other than a public trustee as trustee therein or that secures an obligation other than an evidence of debt shall be deemed and taken to be a mortgage for all purposes and foreclosed only as mortgages are foreclosed in and through the court…

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. § 38-39-103 Effect of release or partial release before maturity of evidence of debt - release is good as to recitals

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(1) In any executed and recorded release or partial release of any deed of trust affecting the title to real estate in this state, whether or not such release is executed before the maturity of the indebtedness so secured, the recital of the following shall constitute evidence th…

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. § 38-39-107 Form of written request for release of a deed of trust with production of the evidence of debt

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A written request to a public trustee made pursuant to section 38-39-102 (1)(a) to release a deed of trust with production of the original canceled evidence of debt may be in substantially the following form: Original Note and Deed of Trust Returned to: When recorded return to: P…

Colo. Rev. Stat. § 38-39-108 Form of written request for release of a deed of trust without production of the evidence of debt

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A written request to a public trustee made pursuant to section 38-39-102 (1)(a) and (3) to release a deed of trust without production of the original canceled evidence of debt may be in substantially the following form: Original Note and Deed of Trust Returned to: When recorded r…

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.

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. § 38-40-101 Mortgage broker fees - escrow accounts - unlawful act - penalty

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(1) Any funds, other than advanced for actual costs and expenses to be incurred by the mortgage broker on behalf of the applicant for a loan, paid to a mortgage broker as a fee conditioned upon the consummation of a loan secured or to be secured by a mortgage or other transfer of…

Colo. Rev. Stat. § 38-40-103 Servicing of mortgages and deeds of trust - liability for interest or late fees for property taxes

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(1) (a) (I) Any person who regularly engages in the collection of payments on mortgages and deeds of trust for owners of evidences of debt secured by mortgages or deeds of trust shall promptly credit all payments which are received and which are required to be accepted by such pe…

Colo. Rev. Stat. § 38-40-103.5 Notice upon transfer of servicing rights - prior servicer's offer to borrower survives transfer - definitions

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(1) As used in this section: (a) "Borrower" means a person liable under an evidence of debt constituting a residential mortgage loan. (b) "Evidence of debt" has the meaning set forth in section 38-38-100.3 (8). (c) "Holder" means the holder of an evidence of debt constituting a r…

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. § 38-40-105 Prohibited acts by participants in certain mortgage loan transactions - unconscionable acts and practices - definitions

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(1) The following acts by any mortgage broker, mortgage originator, mortgage lender, mortgage loan applicant, real estate appraiser, or closing agent, other than a person who provides closing or settlement services subject to regulation by the division of insurance, with respect …

Colo. Rev. Stat. § 38-40-106 Mortgage servicers - requirements concerning disbursement of insurance proceeds - disclosure of mortgage interest rate - retention of communications - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Borrower" has the meaning set forth in section 38-38-100.3 (2.5). (b) "Mortgage servicer" means: (I) A mortgage servicer, as defined in section 5-21-103 (4); (II) A mortgage servicer, as defined in section 3…

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. § 38-41-106 Limitation seven years - possession under official and judicial conveyance or orders

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Actions brought for the recovery of any lands, tenements, or hereditaments which any person may claim by virtue of actual residence, occupancy, or possession for seven successive years having a connected title in law or equity, deducible of record, from this state or the United S…

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. § 38-41-108 Rights in possession seven years - color of title and payment of taxes

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Every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, who for seven successive years continues in such possession and also during said time pays all taxes legally assessed on such lands or tenements shall be held and adju…

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. § 38-41-110 Payment of delinquent taxes by owner of less than whole property

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The owner of not less than one-tenth undivided interest in real property which he has owned not less than one year may pay and the county treasurer shall receive from him all delinquent taxes due upon the entire or any other fractional interests therein by redemption from prior o…

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 …