reglab/housing_qa huggingface dataset:
CO Code § 38-39-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-101. Effect of Deed of Trust to Private Trustee - Nature of Obligation Secured

 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 courts; except that any deed of trust that names a public trustee as trustee therein and secures an obligation other than an instrument evidencing a debt shall be released as provided in section 38-39-102 (5) .   History. Source: L. 90: Entire article R&RE, p. 1675, § 3, effective October 1.    Editor's note:   This section is similar to former § 38-37-101 , as it existed prior to 1990.   ANNOTATION   Annotator's note. Since § 38-39-101 is similar to § 38-37-101 as it existed prior to the 1990 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.   Article deemed inapplicable to deeds of trust executed prior to its adoption and in which the time of payment had been extended so that they mature after it took effect. Smissaert v. Prudential Ins. Co., 15 Colo. App. 442, 62 P. 967 (1900).   Deeds of trust may sometimes be treated as mortgages. In some circumstances, deeds of trust executed to the public trustee may be treated as mortgages and foreclosed by judicial proceedings. Bakers Park Mining & Milling Co. v. District Court, 662 P.2d 483 (Colo. 1983).   Attorney fees. When a deed of trust is foreclosed as mortgage, the court may award attorney fees. Bakers Park Mining & Milling Co. v. District Court, 662 P.2d 483 (Colo. 1983).
CO Code § 38-39-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-103. Effect of Release or Partial Release Before Maturity of Evidence of Debt - Release Is Good as to Recitals

  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 thereof, so as to give full effect to such release:   That the indebtedness secured by such deed of trust has been fully or partially paid; or    That the purpose of the deed of trust has been fully or partially satisfied.       Any release of deed of trust shall be good and valid as to the recitals therein, whether made to the original grantor of said deed of trust or to a subsequent purchaser of the property described in such release of deed of trust.     History. Source: L. 90: Entire article R&RE, p. 1676, § 3, effective October 1. L. 92: (1) amended, p. 2095, § 6, effective July 1.    Editor's note:   This section is similar to former §§ 38-37-124 and 38-37-125 , as they 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, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949). For article, “Standard Pleading Samples to Be Used in Quiet Title Litigation”, see 30 Dicta 39 (1953).   Annotator's note. Since § 38-39-103 is similar to § 38-37-124 as it existed prior to the 1990 repeal and reenactment of article 37 and this article, relevant cases construing that provision have been included in the annotations to this section.   Section has no retroactive effect. Harker v. Scudder, 15 Colo. App. 69, 61 P. 197 (1900).   Compliance with this section is necessary to effect a release or partial release of a deed of trust. Himes v. Schiro, 711 P.2d 1281 (Colo. App. 1985); In re Hampden Ctr., Ltd., 123 B.R. 892 (Bankr. D. Colo. 1991 ).   And thus the attempt by a manager of a title company to amend the legal description on a recorded deed of trust to exclude a particular parcel of land by adding a statement that the trust deed was being re-recorded “to correct” the legal description did not remove encumbrance created by deed nor effect a partial release of such land. Himes v. Schiro, 711 P.2d 1281 (Colo. App. 1985); In re Hampden Ctr., Ltd., 123 B.R. 892 (Bankr. D. Colo. 1991 ).
CO Code § 38-39-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-104. Satisfaction of Mortgage

 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 on the mortgage or on the record of the mortgage, and signed by the mortgagee, shall have the same effect as a separate instrument of release legally executed by the mortgagee.   History. Source: L. 90: Entire article R&RE, p. 1676, § 3, effective October 1.    Editor's note:   This section is similar to former § 38-38-101 , as it existed prior to 1990.   ANNOTATION   Law reviews. For note, “A Survey of the Colorado Torrens Act”, see 5 Rocky Mt. L. Rev. 149 (1933).   Annotator's note. Since § 38-39-104 is similar to § 38-38-101 as it existed prior to the 1990 repeal and reenactment of article 38 and this article, relevant cases construing that provision have been included in the annotations to this section.   Presumption of satisfaction overcome by showing of late interest payment. The production of a note by the plaintiff at the trial, showing payment of interest months after the date of alleged payment, is sufficient to overcome any presumption arising from the record of a satisfaction of a mortgage securing a note of like description. Smith v. Stark, 3 Colo. App. 453, 34 P. 258 (1893).   Applied in Barth v. Deuel, 11 Colo. 494 , 19 P. 471 (1888).
CO Code § 38-39-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-105. Removal of Improvements From Encumbered Property

  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 lien which encumbers such real property. This section shall not apply where any such improvement is expressly excepted from such lien.    [ ] Any person who violates the provisions of subsection (1) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.   A petty offense if the amount is less than three hundred dollars;    A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;    A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;    A class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars;    A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;    A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;    A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and    A class 2 felony if the amount is one million dollars or more.       Editor's note: This version of subsection (2) is effective until March 1, 2022.  (2) [ ] Any person who violates the provisions of subsection (1) of this section commits:  Editor's note: This version of subsection (2) is effective March 1, 2022.  History. Source: L. 90: Entire article R&RE, p. 1676, § 3, effective October 1. L. 2002: (2) amended, p. 1555, § 344, effective October 1. L. 2021: (2) amended,(SB 21-271), ch. 462, p. 3293, § 687, effective March 1, 2022.    Editor's note:    This section is similar to former §§ 38-38-103 and 38-38-104, as they existed prior to 1990.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.     Cross references:   For the legislative declaration in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.   ANNOTATION   Public trustee not required to send notice to consignor on promissory note of his right to cure and of foreclosure proceedings on deed of trust securing the note, despite fact that cosignor had right to cure the default. S.L.K. Testamentary Trust v. Davids, 692 P.2d 1147 (Colo. App. 1984), aff'd, 728 P.2d 1259 (Colo. 1987) (decided under § 38-39-118 as it existed prior to the 1990 repeal and reenactment of this article and article 39).
CO Code § 38-39-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-106. Future Advances

  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 the same extent and with the same effect and priority as if such total maximum principal amount had been fully disbursed on or before the date such mortgage was recorded.    Such mortgage shall also secure, to the same extent and with the same effect and priority, the following additional amounts regardless of whether such additional amounts, when added to the principal amount of the indebtedness, exceed the maximum principal amount stated in the mortgage:   All increases in the principal amount that result from negative amortization or the addition of deferred interest;    All disbursements made for the payment of taxes, levies, or insurance with respect to the property subject to the mortgage or made to protect such property from waste, damage, or abuse;    If the mortgage or evidence of debt secured by the mortgage so provides, all reasonable expenses associated with collection of the indebtedness or foreclosure of the mortgage; and    Interest on any of the items specified in paragraphs (a) to (c) of this subsection (2) in accordance with the terms of the mortgage or the evidence of debt secured by the mortgage.       Subsection (1) of this section shall not apply to any subsequent advance against a mortgage instrument after a mortgagee has initially advanced principal up to the maximum amount stated in the mortgage, unless the mortgage instrument clearly states that it was made pursuant to a revolving credit arrangement.    This section shall have no application to the priority of general mechanics' liens arising pursuant to article 22 of this title, and the priority of such general mechanics' liens with respect to a mortgage which secures future advances shall be determined without reference to this section.    As used in this section, unless the context otherwise requires, “mortgage” means a mortgage, deed of trust, or other instrument creating a lien on real property to secure the payment of an indebtedness.     History. Source: L. 2002: Entire section added, p. 377, § 1, effective August 7.
CO Code § 38-39-107 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-107. Form of Written Request for Release of a Deed of Trust With Production of the Evidence of Debt

 [Form Excluded]   History. Source: L. 2007: Entire section added, p. 403, § 1, effective July 1. L. 2008: Entire section amended, p. 569, § 2, effective April 21. L. 2009: Entire section amended, (HB 09-1207), ch. 164, p. 722, § 22, effective September 1.
CO Code § 38-39-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-108. Form of Written Request for Release of a Deed of Trust Without Production of the Evidence of Debt

 [Form Excluded]   History. Source: L. 2007: Entire section added, p. 405, § 1, effective July 1. L. 2008: Entire section amended, p. 570, § 3, effective April 21. L. 2009: Entire section amended, (HB 09-1207), ch. 164, p. 724, § 23, effective September 1.
CO Code § 38-39-109 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 1 - General Provisions|§ 38-39-109. When Release of Deed of Trust Is Recorded

     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 party, or current owner using the current address for the original grantor, assuming party, or current owner provided to the public trustee pursuant to section 38-39-102 (1)(a)(IV), (3)(a)(II), (3)(b)(II), or (3)(c)(II).    The county clerk and recorder shall not be required to return the original release of a deed of trust as specified in paragraph (a) of this subsection (1) if the public trustee, in his or her discretion, has released the deed of trust as specified in section 38-39-102 (1)(a)(IV), if a current address is not provided as specified in section 38-39-102 (9)(b), or if the release of deed of trust is electronically recorded.       If the original release is returned to the county clerk and recorder as undeliverable or unable to forward, the county clerk and recorder shall maintain the original release pursuant to the policy of the office of the clerk and recorder.    Any original grantor, assuming party, or current owner seeking a copy of a release of a deed of trust after recording shall be subject to appropriate copy fees pursuant to section 30-1-103, C.R.S.     History. Source: L. 2008: Entire section added, p. 573, § 4, effective April 21. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2121, § 173, effective August 11. L. 2014: (1)(b) amended, (HB 14-1073), ch. 30, p. 178, § 9, effective July 1.
CO Code § 38-39-201 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 2 - Limitations|§ 38-39-201. Liens Not to Run Over Fifteen Years

  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 mortgage or deed of trust recorded in the office of the county clerk and recorder of the county wherein the property is located.    If the date on which the final payment or performance is due cannot be determined from the information contained in the recorded mortgage or deed of trust, such date shall, for the purpose of this article, be considered to be the date of the recorded instrument or, if the instrument is undated, the date the instrument was first recorded, notwithstanding anything in any other instrument or any unrecorded instrument to the contrary.     History. Source: L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.    Editor's note:   This section is similar to former §§ 38-40-101 and 38-40-106 , as they 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, “Colorado Bar Association Acts on Important Matters”, see 19 Dicta 37 (1942). For article, “Bar Association Warns Holders of Encumbrances”, see 19 Dicta 65 (1942). For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 281 (1949). For article, “Summary of Denver Bar-Sponsored Bills Passed by General Assembly”, see 28 Dicta 173 (1951). 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).   Annotator's note. Since § 38-39-201 is similar to § 38-40-101 as it existed prior to the 1990 repeal and reenactment of this article and article 40, relevant cases construing that provision have been included in the annotations to this section.   Reformation of foreclosed mortgage to correct mistake. This section and § 38-39-205 do not impose a limitation on the right to have a mortgage, already foreclosed, reformed to correct a mistake therein. Stubbs v. Standard Life Ass'n, 125 Colo. 278 , 242 P.2d 819 (1952).   Applied in Birkby v. Wilson, 92 Colo. 281 , 19 P.2d 490 (1933).
CO Code § 38-39-202 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 2 - Limitations|§ 38-39-202. Lien Extended - Method

  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 designated in such mortgage or deed of trust as the trustee for the owner of the obligation, such as a note or bond secured by such lien or by the successor in office of such named trustee. Such instrument shall clearly describe the mortgage or deed of trust, shall state the date to which the lien has been extended, and shall be recorded before the expiration of the fifteen-year period described in section 38-39-201 (1) in the office of the county clerk and recorder of the county wherein the property is located. The date to which such lien is extended by such instrument shall in no event be later than fifteen years after the recording date of such instrument.    Additional and further extensions may be recorded from time to time in accordance with the provisions of this section in order to extend the lien of such mortgage or deed of trust. The original extension and all additional and further extensions shall, in no event, extend the lien of the original mortgage or trust deed beyond a total of thirty years without the written agreement of the owner of the property encumbered by such lien. Each successive extension must be recorded during the time that such mortgage or deed of trust constitutes a lien under the terms of this article and before the expiration of the respective period for which the lien of such mortgage or deed of trust may have been extended in accordance with the terms of this article.    The lien of a recorded mortgage or deed of trust may be extended for so long as agreed, by an instrument in writing, signed by the owner of the obligation secured by such lien and the owner of the property encumbered by such lien and recorded in the office of the county clerk and recorder of the county in which such property is located.    The term “thirty years”, as used in this section, means thirty years after the original maturity date of such mortgage or deed of trust.     History. Source: L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.    Editor's note:   This section is similar to former § 38-40-102 , as it existed prior to 1990.   ANNOTATION   Law reviews. For note on the 1951 amendment, see 28 Dicta 174 (1951). 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 § 38-39-203 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 2 - Limitations|§ 38-39-203. No Release Necessary

 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 the execution of a release at any time.   History. Source: L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.    Editor's note:   This section is similar to former § 38-40-104 , as it existed prior to 1990.   ANNOTATION   Law reviews. 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 § 38-39-204 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 2 - Limitations|§ 38-39-204. Effect of Notice of Action on Lien

 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 to foreclose such lien or a notice of election and demand for sale, the lien created by such instrument shall continue until final disposition of the action or foreclosure proceeding.   History. Source: L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.    Editor's note:   This section is similar to former § 38-40-110 , as it existed prior to 1990.   ANNOTATION   Law reviews. 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).   Applied in Broadway Roofing & Supply, Inc. v. District Court, 140 Colo. 154 , 342 P.2d 1022 (1959) (decided under § 38-40-110 as it existed prior to the 1990 repeal and reenactment of this article and article 40).
CO Code § 38-39-205 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 39 - Mortgages, Deeds of Trust, and Other Liens|Part 2 - Limitations|§ 38-39-205. Action to Be Brought Within Fifteen Years

 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 .   History. Source: L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.    Editor's note:   This section is similar to former § 38-40-105 , as it existed prior to 1990.   ANNOTATION   Law reviews. 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).   This section provides for a statute of limitations not a statute of repose. Unlike a statute of repose, which bars a claim after a certain period of time regardless of whether an actual injury has occurred or a claim has arisen, this section takes effect when a claim arises and determines how soon thereafter an action on the claim must commence. Mortgage Invs. Corp. v. Battle Mtn. Corp., 70 P.3d 1176 (Colo. 2003).   This section governs an action to foreclose on a deed of trust when a party has commenced suit for default on an original promissory note within the applicable six-year statute of limitations and thereafter has reduced the note to judgment. Mortgage Invs. Corp. v. Battle Mtn. Corp., 70 P.3d 1176 (Colo. 2003).   A creditor may enforce payment of a debt evidenced by the reduction of a promissory note to judgment in two ways. The creditor may commence an action to execute the judgment lien within the six-year limitations period established by § 13-52-102 or may commence an action to foreclose on the original deed of trust within the 15-year limitations period established by this section. Mortgage Invs. Corp. v. Battle Mtn. Corp., 70 P.3d 1176 (Colo. 2003).   Applied in Obduskey v. Wells Fargo, 879 F.3d 1216 (10th Cir. 2018), aff'd sub nom. Obduskey v. McCarthy & Holthus LLP, __ U.S. __, 139 S. Ct. 1029, 203 L. Ed. 3d 390 (2019).