CO Code § 42-6-107 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 6 - Certificates of Title - Used Motor Vehicle Sales|Part 1 - Certificates of Title|§ 42-6-107. Certificates of Title - Contents - Rules

      The department or authorized agent shall mail or deliver certificates of title to motor or off-highway vehicles issued under this part 1 to the applicant, except as provided in section 42-6-124, and the director shall retain and appropriately index and file information appearing and concerning the issuance of the certificates of title. The certificates may be electronic records in compliance with rules adopted by the director. (1) (a) (I) The department or authorized agent shall mail or deliver certificates of title to motor or off-highway vehicles issued under this part 1 to the applicant, except as provided in section 42-6-124, and the director shall retain and appropriately index and file information appearing and concerning the issuance of the certificates of title. The certificates may be electronic records in compliance with rules adopted by the director.    In addition to other information that the director may by rule require, the certificates of title must contain the make and model of the motor or off-highway vehicle described in the record, if the information is available, together with the motor and any other serial number of the vehicle, and a description of any other marks or symbols placed upon the vehicle by the vehicle manufacturer for identification purposes.    If a vehicle shows a brand in its title history, or if the vehicle is subject to a brand, the department shall place the appropriate brand on the certificate of title. If the vehicle has multiple brands, the department shall place the most recent brand on the certificate of title and the notice “other brands exist”. If the brand is from a certificate of title issued in another jurisdiction, the brand must be carried forward to the Colorado certificate of title along with the name of the jurisdiction originating the brand.    The year listed on the certificate of title of a kit vehicle is the year of manufacture of the kit from which the vehicle was assembled, as indicated in the manufacturer's statement of origin.         Except as otherwise provided in subsection (1)(b)(II) of this section, the department may require those vehicle-related entities specified by regulation to verify information concerning a vehicle through the physical inspection of the vehicle. The information required to be verified by a physical inspection must include the vehicle identification number or numbers, the make of vehicle, the vehicle model, the type of vehicle, the year of manufacture of the vehicle, the type of fuel used by the vehicle, and other information as may be required by the department. For the purposes of this subsection (1)(b), “vehicle-related entity” means an authorized agent or designated employee of the agent, a Colorado law enforcement officer, a licensed Colorado dealer, a licensed inspection and readjustment station, or a licensed diesel inspection station. (b) (I) Except as otherwise provided in subsection (1)(b)(II) of this section, the department may require those vehicle-related entities specified by regulation to verify information concerning a vehicle through the physical inspection of the vehicle. The information required to be verified by a physical inspection must include the vehicle identification number or numbers, the make of vehicle, the vehicle model, the type of vehicle, the year of manufacture of the vehicle, the type of fuel used by the vehicle, and other information as may be required by the department. For the purposes of this subsection (1)(b), “vehicle-related entity” means an authorized agent or designated employee of the agent, a Colorado law enforcement officer, a licensed Colorado dealer, a licensed inspection and readjustment station, or a licensed diesel inspection station.    The department shall not require a physical inspection as a condition for issuance of a certificate of title for a vehicle if:   The applicant for a certificate of title for the vehicle presents either a copy of a manufacturer's certificate of origin or a purchase receipt from the dealer or the out-of-state seller from whom the applicant purchased the vehicle and either document indicates that the applicant purchased the vehicle as new; or    At the time of application, the vehicle is currently titled in another county of the state.             The department or authorized agent shall include in the electronic record of the certificate or the paper version of the certificate a description of every lien on the motor or off-highway vehicle that appears in the application for the certificate of title or is unreleased upon a prior certificate of title for the vehicle, including the date of the lien, the original amount secured by the vehicle, the named lienee, and the county in which the lien appears of record if it is of public record. The department or authorized agent shall number certificates and electronic records consecutively by counties, beginning with number one. The certificate of title filed with the authorized agent is prima facie evidence of the contents of the record and that the person in whose name the certificate is registered is the lawful owner of the vehicle. Except as provided in section 42-6-118, the certificate remains effective after filing until the vehicle described in the record is sold or ownership is otherwise transferred.      History. Source: L. 94: Entire title amended with relocations, p. 2451, § 1, effective January 1, 1995. L. 2000: (1)(a) and (2) amended, p. 1657, § 3, effective July 1, 2001. L. 2001: (1)(b) amended, p. 591, § 4, effective May 30. L. 2005: Entire section amended, p. 810, § 5, effective August 8. L. 2006: (1)(a) amended, p. 1412, § 4, effective July 1, 2007. L. 2013: (1)(a) and (2) amended, (SB 13-280), ch. 407, p. 2380, § 5, effective June 5. L. 2014: (1)(a) amended, (HB 14-1100), ch. 122, p. 433, § 3, effective August 6. L. 2017: (1)(b) amended, (HB 17-1105), ch. 44, p. 129, § 2, effective March 16. L. 2018: (1)(b)(I) amended, (SB 18-102), ch. 77, p. 661, § 3, effective August 8.    Cross references:   For the legislative declaration in SB 18-102, see section 1 of chapter 77, Session Laws of Colorado 2018.   ANNOTATION   Law reviews. For note, “The Effect of Certificate of Title acts on Foreign Auto Liens”, see 29 Rocky Mt. L. Rev. 384 . For comment on Federico v. Universal C.I.T. Credit Corp., 140 Colo. 145 , 343 P.2d 830 (1959), appearing below, see 32 Rocky Mt. L. Rev. 89 (1959).   The certificate of title shall be prima facie evidence of the matters contained therein (e.g. liens) and that the person in whose name the certificate is registered is the lawful owner. Doenges-Glass, Inc. v. GMAC, 175 Colo. 518 , 488 P.2d 879 (1971).   This part is a recording act by which prior interests can be ascertained and protected. Nevertheless, the certificate of title is only prima facie evidence of all matters therein contained. Sifuentes v. Weed, 186 Colo. 109 , 525 P.2d 1157 (1974).   A certificate of title shall be prima facie evidence of the matters contained therein; a certificate of registration is presumptive evidence of ownership of an automobile, but the presumption is rebuttable. A certificate of title does not represent conclusive proof of ownership. To overcome this presumption, a debtor must demonstrate that title alone does not determine ownership. Hill v. Koching, 338 B.R. 463 (Bankr. D. Colo. 2005 ); In re Smith, 535 B.R. 374 (Bankr. D. Colo. 2015 ).   Issuance of the title certificate to a repossessor involves no deprivation of due process as contemplated by the fourteenth amendment or state constitution. Sifuentes v. Weed, 186 Colo. 109 , 525 P.2d 1157 (1974).   Regulation of possible abuse is legislative matter. It may be that repossession of automobiles or any other property sold on time payment with an express agreement permitting such repossession without notice may be resulting in great abuses, and controls are needed. If so, the regulation of this abuse is a matter for the general assembly, not the courts. Sifuentes v. Weed, 186 Colo. 109 , 525 P.2d 1157 (1974).   Activity of the director of revenue in the issuance of a new title to a repossessor of a motor vehicle is strictly limited to the ministerial duty of providing prima facie evidence of what has already occurred by purely private action, namely, the transfer of title from the debtor to the creditor in a manner specifically provided for by their agreement. It does not in any meaningful way involve the director in the repossession and subsequent transfer of ownership to the repossessor. Sifuentes v. Weed, 186 Colo. 109 , 525 P.2d 1157 (1974).   This section does not serve to purge a title of prior defects but simply gives it a prima facie standing. Federico v. Universal C.I.T. Credit Corp., 140 Colo. 145 , 343 P.2d 830 (1959); Avis Rent-A-Car Sys. v. Woefel, 155 Colo. 207 , 393 P.2d 551 (1964).