reglab/housing_qa huggingface dataset:
CO Code § 38-39-206 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 2 - Limitations|§ 38-39-206. Does Not Extend Any Lien

 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.   History. Source: L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.    Editor's note:   This section is similar to former § 38-40-111 , as it existed prior to 1990.   ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 71 (1940). For article, “Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado”, see 28 Dicta 437 (1951). For article, “Discharge of Security Transactions”, see 26 Rocky Mt. L. Rev. 115 (1954).
CO Code § 38-39-208 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 2 - Limitations|§ 38-39-208. Action Within Seven Years When in Possession

 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.   History. Source: L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.    Editor's note:   This section is similar to former § 38-40-114 , as it existed prior to 1990.   ANNOTATION   Law reviews. For note, “Adverse Possession in Colorado”, see 27 Rocky Mt. L. Rev. 88 (1954). For article, “An Analysis of the Effect of S.B. 123 on Foreclosures”, see 17 Colo. Law. 845 (1988).   Section is inapplicable to suits for wrongful foreclosure. Commercial Equity Corp. v. Majestic Sav. & Loan Ass'n, 620 P.2d 56 (Colo. App. 1980).
CO Code § 38-39-209 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 2 - Limitations|§ 38-39-209. Mortgages to United States

  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 personal property, or both, and which is recorded in the real property records in any county in which such property is located or is to be located shall have the same force and effect as if such instrument were also recorded, filed, or indexed as provided by law in the proper office in such county as a mortgage of personal property. All after-acquired real or personal property of such corporation, described or referred to as being mortgaged or pledged in any such instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such corporation, whether or not such property was in existence at the time of the execution of such instrument.    Recordation of any such instrument shall constitute notice and otherwise have the same effect with respect to such after-acquired property as it has under the laws relating to recordation with respect to property owned by such corporation at the time of the execution of such instrument and therein described or referred to as being mortgaged or pledged thereby. The lien upon personal property of any such instrument shall, after recordation thereof, continue in existence and of record until the performance of the obligation secured thereby or the release or satisfaction thereof by the owner thereof.     History. Source: L. 90: Entire article R&RE, p. 1678, § 3, effective October 1. L. 96: (1) amended, p. 546, § 13, effective July 1.    Editor's note:   This section is similar to former § 38-40-115 , as it existed prior to 1990.
CO Code § 38-41-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-102. How Computed

 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.   History. Source: L. 27: P. 599, § 31. CSA: C. 40, § 137. CRS 53: § 118-7-2. C.R.S. 1963: § 118-7-2. History. Source: L. 27: P. 599, § 31. CSA: C. 40, § 137. CRS 53: § 118-7-2. C.R.S. 1963: § 118-7-2.
CO Code § 38-41-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-104. Time to Make an Entry or Bring an Action to Recover Land

  The right to make an entry or bring an action to recover land shall be deemed to have first accrued at the following times:   When any person is disseised, his right of entry or of action shall be deemed to have accrued at the time of disseisin.    When he claims as heir or devisee of one who died seized or possessed, his right shall be deemed to have accrued at the time of such death, unless there is a tenancy or other estate intervening after the death of such ancestor or devisor, except as provided in section 38-41-112, in which case his right shall be deemed to accrue when such intermediate estate expires or when it would have expired by its own limitations.      When there is such an intermediate estate, and in all cases when the party claims by force of any remainder or reversion, his right, insofar as it is affected by the limitation prescribed in this section, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof for which he might have entered at an earlier time. (c) (I) When there is such an intermediate estate, and in all cases when the party claims by force of any remainder or reversion, his right, insofar as it is affected by the limitation prescribed in this section, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof for which he might have entered at an earlier time.    Subparagraph (I) of this paragraph (c) shall not prevent a person from entering when entitled to do so by reason of any forfeiture or breach of condition, but if he claims under such a title, his rights shall be deemed to have accrued when the forfeiture was incurred or the condition was broken.       In all cases not otherwise specifically provided for, the right shall be deemed to have accrued when the claimant or the person under whom he claims first became entitled to the possession of the premises under the title upon which the entry or the action is founded.         History. Source: L. 27: P. 599, § 33. CSA: C. 40, § 139. CRS 53: § 118-7-4. C.R.S. 1963: § 118-7-4. History. Source: L. 27: P. 599, § 33. CSA: C. 40, § 139. CRS 53: § 118-7-4. C.R.S. 1963: § 118-7-4.    ANNOTATION   Section could be raised as an affirmative defense in an answer to a petition to set aside a decree of determination of heirship on the ground of fraud, but it could not be properly considered on motion to dismiss such petition. Cisneros v. Cisneros, 163 Colo. 245 , 430 P.2d 86 (1967).
CO Code § 38-41-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-105. Abstract of Title Prima Facie Evidence

 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 conveyance or record thereof or certified copy thereof which may be offered in evidence, and the court may take judicial notice of the repute of the abstractor. The absence of tax sale certificates from such abstract for any period of time covered by the abstract shall be prima facie evidence of the payment of taxes during such period by the party relying upon any chain of title shown by such abstract.   History. Source: L. 27: P. 600, § 34. CSA: C. 40, § 140. CRS 53: § 118-7-5. C.R.S. 1963: § 118-7-5. History. Source: L. 27: P. 600, § 34. CSA: C. 40, § 140. CRS 53: § 118-7-5. C.R.S. 1963: § 118-7-5.    ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 35 (1939). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 281 (1949). For article, “Evidence in the Proof of Real Estate Titles”, see 24 Rocky Mt. L. Rev. 424 (1952). For article, “Abstractors Ride Off Into Sunset”, see 11 Colo. Law. 2585 (1982).   Document tendered not objectionable as proof of lesser status. A document, tendered as proof of title itself and so admitted, is not objectionable as proof of the lesser status of color of title since an abstract of title may serve both as color of title and as evidence of title itself. Marr v. Shrader, 142 Colo. 106 , 349 P.2d 706 (1960).   Document offered as evidence solely as proof of color of title may not also be invoked as proof of title. Marr v. Shrader, 142 Colo. 106 , 349 P.2d 706 (1960).   Introduction of judgment roll as additional proof deemed error. Where defendants offered the abstract of title to show their chain of title, it was error to rule that the defendants must go further and introduce into evidence the judgment roll of the cause in which the decree was rendered because the abstract of title was prima facie proof of the chain of title shown thereby. Lamberson v. Thomas, 146 Colo. 539 , 362 P.2d 180 (1961).   Applied in Hochmuth v. Norton, 90 Colo. 453 , 9 P.2d 1060 (1932).
CO Code § 38-41-107 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-107. Rights of Heirs

 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.   History. Source: L. 27: P. 601, § 36. CSA: C. 40, § 142. CRS 53: § 118-7-7. C.R.S. 1963: § 118-7-7. History. Source: L. 27: P. 601, § 36. CSA: C. 40, § 142. CRS 53: § 118-7-7. C.R.S. 1963: § 118-7-7.
CO Code § 38-41-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-110. Payment of Delinquent Taxes by Owner of Less Than Whole Property

 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 or subsequent tax sales or by payment of any taxes which are delinquent, or otherwise, and if at the time of such payment he records with the county clerk and recorder a statement describing the property and showing the payment of such taxes under this article, he shall be subrogated to the first and prior lien of the state of Colorado for such taxes and may foreclose such lien at any time after four years from the date when any part of the taxes so paid first became delinquent, in the same manner and with like remedies as a first mortgage; or he shall be entitled to have any such payment allowed as a setoff in any accounting with any other person interested in such property, whether under the provisions of article 44 of title 34, C.R.S., or otherwise. The owner of any other fractional interest may at any time prior to foreclosure pay to the treasurer his pro rata share of such payments, with interest and recording fees which shall be repaid to the lien claimant and for which a redemption certificate shall issue, which, when recorded, shall release such interest from such lien.   History. Source: L. 27: P. 602, § 38. L. 33: P. 796, § 1. CSA: C. 40, § 145. CRS 53: § 118-7-10. C.R.S. 1963: § 118-7-10. History. Source: L. 27: P. 602, § 38. L. 33: P. 796, § 1. CSA: C. 40, § 145. CRS 53: § 118-7-10. C.R.S. 1963: § 118-7-10.    ANNOTATION   Rights of co-owners under this section distinguished from right of redemption. Unlike the right of an interest holder to redeem under § 39-12-103 , the right granted to certain co-owners to pay delinquent taxes under this section does not result in issuance of a redemption certificate or acquisition of an interest in the delinquent co-owner's estate. Rather, the paying co-owner is granted the right to foreclose the lien for unpaid taxes. Notch Mtn. Corp. v. Elliott, 898 P.2d 550 (Colo. 1995).   Applied in Sine v. Stout, 119 Colo. 254 , 203 P.2d 495 (1949); Latta v. Stout, 119 Colo. 257 , 203 P.2d 496 (1949).
CO Code § 38-41-112 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-112. Legal Disability - Extension of Two Years

 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 maintained by such persons thereafter.   History. Source: L. 27: P. 604, § 40. CSA: C. 40, § 147. CRS 53: § 118-7-12. C.R.S. 1963: § 118-7-12. History. Source: L. 27: P. 604, § 40. CSA: C. 40, § 147. CRS 53: § 118-7-12. C.R.S. 1963: § 118-7-12.    Cross references:   For extension of limitation period for persons under disability in personal actions, see § 13-81-103 ; for extension of redemption time for tax deeds for those under disability, see § 39-12-104 .   ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 35 (1939). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 281 (1949). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For note, “‘Color of Title ' in the Colorado Short Statutes of Limitation”, see 21 Rocky Mt. L. Rev. 226 (1949). For article, “Check Lists for Court Proceedings in Which Titles To Real Estate Are Involved”, see 23 Rocky Mt. L. Rev. 371 (1951). For article, “Marketable Title: What Certifiable Copies of Court Papers Should Appear of Record?”, see 34 Dicta 7 (1957). For article, “Due Process in Involuntary Civil Commitment and Incompetency Adjudication Proceedings: Where Does Colorado Stand?”, see 46 Den. L.J. 516 (1969).   Effect of section where owner under disability until death. The fact that an owner is under disability until her death does not prevent the running of the statute. This section and § 38-41-101 merely add two years to the period of limitations, it does not suspend the running of the statute. Nesbitt v. Jones, 140 Colo. 412 , 344 P.2d 949 (1959).
CO Code § 38-41-113 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-113. Limitations May Be Asserted Affirmatively or by Way of Defense

 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 affirmatively to establish such limitations provided for in this part 1.   History. Source: L. 27: P. 604, § 41. CSA: C. 41, § 148. CRS 53: § 118-7-13. C.R.S. 1963: § 118-7-13. History. Source: L. 27: P. 604, § 41. CSA: C. 41, § 148. CRS 53: § 118-7-13. C.R.S. 1963: § 118-7-13.    ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 16 Dicta 71 (1940). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 281 (1949). For note, “‘Color of Title ' in the Colorado Short Statutes of Limitation”, see 21 Rocky Mt. L. Rev. 226 (1949).   Section is exception to general rule. The general rule that statutes of limitations are held to be available only as a matter of defense or bar to the bringing of an action has no application to the limitations contained in this part of article 41, since this section expressly provides that the limitations therein contained “may be asserted affirmatively or by way of defense”. Federal Farm Mtg. Corp. v. Schmidt, 109 Colo. 467 , 126 P.2d 1036 (1942).   Applied in Crawford v. French, 633 P.2d 524 (Colo. App. 1981); Childers v. Quartz Creek Land Co., 946 P.2d 534 (Colo. App. 1997), cert. dismissed, 964 P.2d 509 (Colo. 1998).
CO Code § 38-41-114 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-114. When Limitations Apply

 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.   History. Source: L. 27: P. 604, § 42. CSA: C. 40, § 149. CRS 53: § 118-7-14. C.R.S. 1963: § 118-7-14. L. 2003: Entire section amended, p. 915, § 25, effective August 6. History. Source: L. 27: P. 604, § 42. CSA: C. 40, § 149. CRS 53: § 118-7-14. C.R.S. 1963: § 118-7-14. L. 2003: Entire section amended, p. 915, § 25, effective August 6.    ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 281 (1949). For note, “‘Color of Title ' in the Colorado Short Statutes of Limitation”, see 21 Rocky Mt. L. Rev. 226 (1949).
CO Code § 38-41-115 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-115. Setting Aside Judgments Against Unknown Parties

 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 as to jurisdiction, pleadings, and service of process.   History. Source: L. 23: P. 218, § 1. Code 35: § 50(f). CRS 53: § 118-7-15. C.R.S. 1963: § 118-7-15. L. 67: P. 84, § 1. History. Source: L. 23: P. 218, § 1. Code 35: § 50(f). CRS 53: § 118-7-15. C.R.S. 1963: § 118-7-15. L. 67: P. 84, § 1.    Cross references:   For service of process on unknown parties, see C.R.C.P. 4(g).   ANNOTATION   For when section may be raised as affirmative defense, see Cisneros v. Cisneros, 163 Colo. 245 , 430 P.2d 86 (1967).   Applied in Stonewall Estates v. CF & I Steel Corp., 197 Colo. 255 , 592 P.2d 1318 (1979).
CO Code § 38-41-116 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-116. Actions to Enforce Contracts of Sale

 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 and the subject of such contract of purchase and sale unless such action or proceeding is commenced within ten years of the day or the happening of the event appointed in said contract for the delivery by the seller of a deed of conveyance of the property therein agreed to be purchased and sold. If no day is appointed in such contract for the delivery of such conveyance, then such action or proceeding shall be commenced within ten years of the day on which the last and final installment of the purchase price would have been paid but not thereafter.   History. Source: L. 53: P. 205, § 1. CRS 53: § 118-7-16. C.R.S. 1963: § 118-7-16. L. 75: Entire section amended, p. 225, § 85, effective July 16. History. Source: L. 53: P. 205, § 1. CRS 53: § 118-7-16. C.R.S. 1963: § 118-7-16. L. 75: Entire section amended, p. 225, § 85, effective July 16.    ANNOTATION   Application of section's bar precluded. Since the owner of a mineral estate does not lose possession or title by mere nonuse and since ownership and occupancy of the surface does not constitute possession of the mineral estate, absent evidence that the fee simple owner of the surface actually dispossessed plaintiffs of the mineral estate by drilling or exploration for minerals, plaintiffs retained the requisite possession of a mineral interest so as to preclude application of the bar of this section. Brian v. Valley View Cattle Ranch, Inc., 35 Colo. App. 428, 535 P.2d 237 (1975).   Where person, as a purchaser not in possession, was attempting to enforce his right or equitable title pursuant to the contract of sale, this section was the most specific and the most applicable, and not § 38-41-101 or former § 13-80-114 . Bent v. Ferguson, 791 P.2d 1241 (Colo. App. 1990).   A question of fact remained on claim to quiet title where this section allowed purchaser to bring an action to enforce any right or title he may have under a contract within ten years from the date of delivery of general warranty deed and parties intent concerning when delivery of the deed was to take place required determination. Bent v. Ferguson, 791 P.2d 1241 (Colo. App. 1990).
CO Code § 38-41-117 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-117. Actions to Enforce Bonds for Deeds

 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 to real property and who is not in possession of the real property which is the subject of such bond or agreement, to enforce or procure any right or interest granted or assured under the terms thereof or any law or custom relating thereto unless such action or proceeding is commenced within ten years of the day limited therein for the performance of the acts and things upon which the conveyance of such real property is conditioned.   History. Source: L. 53: P. 205, § 2. CRS 53: § 118-7-17. C.R.S. 1963: § 118-7-17. History. Source: L. 53: P. 205, § 2. CRS 53: § 118-7-17. C.R.S. 1963: § 118-7-17.
CO Code § 38-41-118 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 41 - Limitations- Homestead Exemptions|Part 1 - Limitation of Actions Affecting Realproperty|§ 38-41-118. Construction of Sections

  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.    The limitations imposed by sections 38-41-116 to 38-41-118 shall not apply to any action or proceeding that has been commenced prior to June 1, 1953.     History. Source: L. 53: P. 206, § 3. CRS 53: § 118-7-18. C.R.S. 1963: § 118-7-18. L. 2003: (2) amended, p. 916, § 26, effective August 6. History. Source: L. 53: P. 206, § 3. CRS 53: § 118-7-18. C.R.S. 1963: § 118-7-18. L. 2003: (2) amended, p. 916, § 26, effective August 6.    ANNOTATION   Law reviews. For article,“Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 281 (1949). For note, “‘Color of Title ' in the Colorado Short Statutes of Limitation”, see 21 Rocky Mt. L. Rev. 226 (1949).