reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 40 - MORTGAGE BROKERS - LENDERS (§§ 38-40-101 — 38-40-106) › Section 38-40-104 - Cause of action - attorney fees

(1)
If any applicant or debtor is aggrieved by a violation of section
38-40-102
,
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 made by the debtor or borrower, the debtor or borrower may bring an action in a court of competent jurisdiction for any such violation. If the court finds that actual damages have occurred, the court shall award to the debtor or borrower, in addition to actual damages, the amount of one thousand dollars, together with costs and reasonable attorney fees.
(2)
A transferee from a lender is not liable for any act or omission of the lender under section
38-40-102
. A transferee of servicing or collection rights is not liable for any act or omission of the transferor of those rights under section
38-40-103
or
38-40-103.5
.
Amended by 2024 Ch. 189,§ 2, eff. 5/17/2024.
Amended by 2013 Ch. 36, § 2, eff. 3/15/2013.
L. 90: Entire article R&RE, p. 1681, § 4, effective October 1. L. 98: Entire section amended, p. 427, § 1, effective April 21. L. 2013: Entire section amended, (HB 13-1017), ch. 36, p. 104, § 2, effective March 15.
This section is similar to former § 38-38-114, as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
L. 27: p. 599, § 31. CSA: C. 40, § 137. CRS 53: § 118-7-2. C.R.S. 1963: § 118-7-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 38-41-103 - Evidence of adverse possession

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 continuous claim of ownership to the real property adverse to the record owner thereof for a period of eighteen years, then the record shall be deemed prima facie evidence of adverse possession during said period and compliance with the requirements of sections
38-41-101
and
38-41-102
.
L. 27: p. 599, § 32. CSA: C. 40, § 138. CRS 53: § 118-7-3. C.R.S. 1963: § 118-7-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 38-41-104 - Time to make an entry or bring an action to recover land

(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 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.
(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.
(II)
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.
(d)
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.
L. 27: p. 599, § 33. CSA: C. 40, § 139. CRS 53: § 118-7-4. C.R.S. 1963: § 118-7-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
L. 27: p. 600, § 34. CSA: C. 40, § 140. CRS 53: § 118-7-5. C.R.S. 1963: § 118-7-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 38-41-106 - Limitation seven years - possession under official and judicial conveyance or orders

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 States, or from any public officer or other person authorized by the laws of this state to sell such land for the nonpayment of taxes, or from any sheriff, marshal, or other person authorized to sell such land on execution, or under any order, judgment, or decree of any court of record shall be brought within seven years next after possession has been taken as provided in this section; but when the possessor acquires such title after taking such possession, the limitation shall begin to run from the time of acquiring title.
L. 27: p. 601, § 35. CSA: C. 40, § 141. CRS 53: § 118-7-6. C.R.S. 1963: § 118-7-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
L. 27: p. 601, § 36. CSA: C. 40, § 142. CRS 53: § 118-7-7. C.R.S. 1963: § 118-7-7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 38-41-108 - Rights in possession seven years - color of title and payment of taxes

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 adjudged to be the legal owner of said lands or tenements to the extent and according to the purport of his paper title. All persons holding under such possession by purchase, devise, or descent, before said seven years have expired, who continue such possession and continue to pay the taxes as provided in this section, so as to complete the possession and payment of taxes for the term, provided in this section, shall be entitled to the benefit of this section.
L. 27: p. 602, § 37. CSA: C. 40, § 143. CRS 53: § 118-7-8. C.R.S. 1963: § 118-7-8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 38-41-109 - When in possession under color of title - unoccupied lands

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 the purport of his paper title. All persons holding under such taxpayer, by purchase, devise, or descent, before said seven years have expired, who continue to pay the taxes as provided in this section, so as to complete the payment of taxes for the period of time provided in this section, shall be entitled to the benefit of this section. If any person, having a better paper title to said vacant and unoccupied land, shall during the said term of seven years pay the taxes assessed on said land for any one or more years during the said term of seven years, then such person seeking title under claim of taxes paid, his heirs and assigns, shall not be entitled to the benefit of this section. For the purposes of this part 1 a redemption from a sale for taxes by the party claiming under any of the limitations set forth in this section shall be considered as the equivalent of a payment of taxes.
L. 27: p. 602, § 38. CSA: C. 40, § 144. CRS 53: § 118-7-9. C.R.S. 1963: § 118-7-9.
For rights of a person in actual possession of lands and tenements for seven years, with color of title and payments of taxes, see § 38-41-108.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 38-41-111 - When action will not lie against person in possession

(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 instrument of conveyance, deed, certificate of sale, or release executed by any private trustee, successor in trust, public trustee, sheriff, marshal, county treasurer, or any public official whatsoever, whether named in this section or not, or officer or any appointee of any court when such document is the source of or in aid of or in explanation of the title or chain of title or right of the party in possession or any of his predecessors or grantors insofar as the same may affect the title or explain any matter connected with the title in reference to said real property if such document has been recorded and has remained of record in the office of the county clerk and recorder of the county where said real property is situated for a period of seven years. All defects, irregularities, want of service, defective service, lack of jurisdiction, or other grounds of invalidity, nullity, or causes or reasons whereby or wherefore any such document might be set aside or rendered inoperative must be raised in a suit commenced within said seven-year period and not thereafter.
(2)
This section shall not apply to any of the following cases:
(a)
Forged documents;
(b)
During the pendency of an action, commenced prior to the expiration of said seven-year period, to set aside, modify, or annul or otherwise affect such document, and notice of such action has been filed as provided by law;
(c)
When such document has been, by proper order or decree of competent court, avoided, annulled, or rendered inoperative;
(d)
Where the party, or his predecessor, who brings the action to question, to attack, or to set aside the validity of such documents, has been deprived of possession within two years of the commencement of said action.
L. 27: p. 603, § 39. CSA: C. 40, § 146. L. 45: p. 272, § 1. CRS 53: § 118-7-11. C.R.S. 1963: § 118-7-11. L. 75: (2)(d) amended, p. 225, § 84, effective July 16.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
L. 27: p. 604, § 40. CSA: C. 40, § 147. CRS 53: § 118-7-12. C.R.S. 1963: § 118-7-12.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
L. 27: p. 604, § 41. CSA: C. 41, § 148. CRS 53: § 118-7-13. C.R.S. 1963: § 118-7-13.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
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.
For service of process on unknown parties, see C.R.C.P. 4(g).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 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.
L. 53: p. 205, § 2. CRS 53: § 118-7-17. C.R.S. 1963: § 118-7-17.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 38-41-118 - Construction of sections

(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 prior to June 1, 1953.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 1 - LIMITATION OF ACTIONS AFFECTING REAL PROPERTY (§§ 38-41-101 — 38-41-119) › Section 38-41-119 - One-year limitation

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 within one year from the date of the violation for which the action is sought to be brought or maintained.
L. 27: p. 606, § 47. CSA: C. 40, § 154. CRS 53: § 118-8-4. C.R.S. 1963: § 118-8-4. L. 72: p. 616, § 146.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-201 - Homestead exemption - definitions

(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 thereon:
(a)
The sum of two hundred fifty thousand dollars if the homestead is occupied as a home by an owner or an owner's family; or
(b)
The sum of three hundred fifty thousand dollars if the homestead is occupied as a home by an owner who is elderly or disabled, an owner's spouse who is elderly or disabled, or an owner's dependent who is elderly or disabled.
(2)
As used in this section, unless the context otherwise requires:
(a)
"Disabled" means having a physical or mental impairment that is disabling and that, because of other factors such as age, training, experience, or social setting, substantially precludes the person from engaging in a useful occupation as a homemaker, a wage earner, or a self-employed person in any employment that exists in the community and for which the person has competence.
(b)
"Elderly" means sixty years of age or older.
Amended by 2022 Ch. 74,§2, eff. 4/7/2022.
Amended by 2015 Ch. 301,§6, eff. 7/1/2015.
R.S. p. 385, § 57. G.L. § 1343. G.S. § 1631. R.S. 08: § 2950. C.L. § 5924. CSA: C. 93, § 23. L. 51: p. 522, § 1. CRS 53: § 77-3-1. C.R.S. 1963: § 77-3-1. L. 73: p. 916, § 2. L. 75: Entire section R&RE, p. 1444, § 1, effective July 14. L. 81: Entire section amended, p. 1828, § 1, effective May 21. L. 91: Entire section amended, p. 384, § 6, effective May 1. L. 2000: Entire section amended, p. 717, § 3, effective May 23. L. 2007: Entire section amended, p. 879, § 7, effective May 14. L. 2015: (1) amended, (SB 15-283), ch. 301, p. 1241, § 6, effective July 1.
For the legislative declaration in the 2007 act amending this section, see section 1 of chapter 226, Session Laws of Colorado 2007.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-201.5 - Legislative declaration of homestead exemption for mobile homes

The general assembly hereby finds and declares that, as the cost of conventional housing continues to escalate, mobile homes will become an ever larger percentage of the total housing supply, particularly for the elderly and the low-to-moderate income groups; that the purchase of a mobile home is a major investment; that most mobile homes are permanently or semipermanently located; that great improvements have been made in the quality and variety of such homes; and that mobile homes are dwellings which should be accorded a status equivalent to conventional homes. The general assembly recognizes, however, that mobile homes are more readily moved than conventional homes; that they are presently bought and sold as personal property and that there are advantages to both the industry and consumers to continue this practice; and that they presently have a dual nature in the area of taxation and tax collection; therefore mobile homes should be entitled to a homestead exemption.
L. 82: Entire section added, p. 544, § 1, effective 1/1/1983.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-201.6 - Mobile home, manufactured home, trailer, and trailer coach homestead exemption

(1)
A manufactured home as defined in section
38-29-102 (6)
that includes a mobile home or manufactured home as defined in section
38-12-201.5 (5)
,
5-1-301 (29)
, or
42-1-102
(48.8), that has been purchased by an initial user or subsequent user, and for which a certificate of title or registration has been issued in accordance with section
38-29-110
or pursuant to section
38-29-108
, is a homestead and is entitled to the same exemption as enumerated in section
38-41-201
, except for any loans, debts, or obligations incurred prior to January 1, 1983. For purposes of this homestead exemption, the term "house" as used in section
38-41-205
is deemed to include mobile homes or manufactured homes.
(2)
A trailer as defined in section
42-1-102
(105), C.R.S., or a trailer coach as defined in section
42-1-102
(106), C.R.S., that has been purchased by an initial user or subsequent user and for which a certificate of title or registration has been issued pursuant to section
42-3-103
, C.R.S., is a homestead and is entitled to the same exemption as enumerated in section
38-41-201
, except for any loans, debts, or obligations incurred prior to July 1, 2000. For purposes of this homestead exemption, the term "house" as used in section
38-41-205
shall be deemed to include trailers or trailer coaches.
Amended by 2022 Ch. 421, § 85, eff. 8/10/2022.
Amended by 2020 Ch. 195, § 22, eff. 6/30/2020.
L. 82: Entire section added, p. 544, § 1, effective 1/1/1983. L. 83: Entire section amended, p. 1462, § 2, effective June 15. L. 94: Entire section amended, p. 707, § 14, effective April 19; entire section amended, p. 2567, § 85, effective 1/1/1995. L. 2000: Entire section amended, p. 717, § 4, effective May 23. L. 2001: (1) amended, p. 1279, § 53, effective June 5. L. 2020: (1) amended, (HB 20-1196), ch. 928, p. 928, § 22, effective June 30.
Amendments to this section by Senate Bill 94-92 and Senate Bill 94-1 were harmonized.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-201.7 - Definition of "dwelling" - personal property included

(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
(105) ;
(b)
A vessel, as defined in section
33-13-102 (5)
;
(c)
A camper coach, as defined in section
42-1-102 (13)
;
(d)
Mounted equipment, as defined in section
42-1-102 (60)
;
(e)
A railway car;
(f)
A shipping or cargo container or shed;
(g)
A yurt; and
(h)
A tiny home, whether movable on wheels or stationary on a foundation.
Added by 2022 Ch. 74, § 4, eff. 4/7/2022.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-202 - Homestead to be created automatically in certain cases - filing of statement required in other cases

(1)
The homestead exemptions described in section
38-41-201
shall be deemed created and may be claimed if the occupancy requirement of section
38-41-203
and the requirement of section
38-41-205
relating to the type of property which may be homesteaded are met.
(2)
(a)
A homestead exemption granted under the provisions of this part 2 shall not be deemed created and may not be claimed if the debt, contract, or civil obligation which is the basis for the execution and attachment was entered into or incurred prior to July 1, 1975, unless the owner of the property (householder) records in the office of the county clerk and recorder of the county where the property is situate an instrument in writing describing such property, setting forth the nature and source of the owner's interest therein, and stating that the owner is homesteading such property, which instrument may be acknowledged as provided by law.
(b)
The spouse of the owner of the property may homestead the property in the manner provided in paragraph (a) of this subsection (2) with the same effect as if the owner had done so.
(3)
Subject to the provisions of subsection (4) of this section, property homesteaded solely by operation of the automatic provisions of subsection (1) of this section may be conveyed or encumbered by the owner of the property free and clear of all homestead rights, and no signature other than that of the owner shall be required. The owner of the property shall be determined without regard to the ownership of any homestead rights.
(4)
If the owner of the property (householder) or the spouse of the owner records in the office of the county clerk and recorder of the county where the property is situated an instrument in writing describing the property, setting forth the name of the owner of the property and the nature and source of the owner's interest in the property, and stating that the owner or the owner's spouse is homesteading the property (which instrument may be acknowledged as provided by law), then the signature of both spouses to convey or encumber the property is required.
Amended by 2015 Ch. 27,§ 1, eff. 8/5/2015.
R.S. p. 385, § 58. G.L. § 1344. G.S. § 1632. L. 03: p. 246, § 1. R.S. 08: § 2951. L. 11: p. 452, § 1. C.L. § 5925. CSA: C. 93, § 24. L. 53: p. 411, § 1. CRS 53: § 77-3-2. C.R.S. 1963: § 77-3-2. L. 73: p. 1157, § 3. L. 75: Entire section R&RE, p. 1444, § 2, effective July 14. L. 77: (3) and (4) added, p. 1719, § 2, effective May 27. L. 2015: (2)(b) and (4) amended, (HB 15-1069), ch. 27, p. 67, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-203 - Exemption only while occupied

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.
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: § 77-3-3. C.R.S. 1963: § 77-3-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-204 - Surviving spouse and minor children entitled

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 debts of the deceased.
R.S. p. 385, § 60. G.L. § 1346. G.S. § 1634. R.S. 08: § 2953. C.L. § 5927. CSA: C. 93, § 26. CRS 53: § 77-3-4. C.R.S. 1963: § 77-3-4. L. 94: Entire section amended, p. 1041, § 20, effective 7/1/1995.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-205 - Of what homestead may consist

(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 any number of acres.
Amended by 2022 Ch. 74, § 3, eff. 4/7/2022.
R.S. p. 386, § 61. G.L. § 1347. G.S. § 1635. R.S. 08: § 2954. C.L. § 5928. CSA: C. 93, § 27. L. 53: p. 412, § 3. CRS 53: § 77-3-5. C.R.S. 1963: § 77-3-5. L. 82: Entire section amended, p. 552, § 1, effective March 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-206 - Levy on homestead - excess - costs

(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 showing:
(I)
A description of the homesteaded property and the name of the claimant of the homestead exemption;
(II)
The fair market value of said property;
(III)
That the fair market value of said property less any prior liens or encumbrances thereon exceeds the amount of the homestead exemption fixed in section
38-41-201
for which the claimant qualifies; and
(IV)
That no previous execution arising out of the same judgment has been levied upon said property;
(b)
The affidavit of a professionally qualified independent appraiser showing the same information required by subparagraphs (I) to (III) of paragraph (a) of this subsection (1).
(2)
If the amount offered at the sale of the homesteaded property does not exceed seventy percent of the fair market value shown in the affidavit of the independent appraiser filed pursuant to paragraph (b) of subsection (1) of this section, all proceedings to sell said property shall terminate. The sheriff or the proper officer shall then file for record in the office of the county clerk and recorder of the proper county an instrument releasing all levies on said property in connection with such sale, and the person instituting the proceedings shall pay the costs of such proceedings, and the title of the owner to said property shall not be impaired or affected.
(3)
If the successful bidder at such sale is a judgment creditor, he shall be required to pay in cash to the sheriff or other proper officer making the sale an amount sufficient to pay the exemption plus the proper costs and expenses and shall not have the right to have such exempt amount applied toward the satisfaction of his judgment.
(4)
If a sale is made, the proceeds thereof shall be applied in the following order:
(a)
First, to the discharge of all prior liens and encumbrances, if any, on said property;
(b)
Second, to the homestead claimant in the amount of the homestead exemption for which he qualifies;
(c)
Third, to the sheriff or other proper officer making the sale in an amount sufficient to pay the proper costs and expenses of the sale;
(d)
Fourth, to the satisfaction of the judgment; and
(e)
Fifth, the balance, if any, to the homestead claimant.
R.S. p. 386, § 63. G.L. § 1349. G.S. § 1637. R.S. 08: § 2956. C.L. § 5930. CSA: C. 93, § 28. L. 53: p. 412, § 4. CRS 53: § 77-3-6. C.R.S. 1963: § 77-3-6. L. 75: Entire section R&RE, p. 1445, § 3, effective July 14. L. 83: (1)(a)(III) amended, p. 1478, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-207 - Proceeds exempt - bona fide purchaser

(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 from the exempt amount under this part 2, in the event the property is sold by the owner;
(b)
The proceeds from a sale of homestead property under section
38-41-206
paid to the owner of the property or person entitled to the homestead; or
(c)
The proceeds from insurance covering destruction of homestead property held for use in restoring or replacing the homestead property, up to the amount specified in this section.
(2)
If the person receiving the proceeds uses the proceeds in the acquisition of other property for a home, the same homestead exemption to which the owner was entitled on the property sold carries over to the new property. The homestead exemption is not valid against a person entitled to a vendor's lien or the holder of a purchase money mortgage against the new property.
Amended by 2022 Ch. 74,§5, eff. 4/7/2022.
R.S. p. 386, § 64. G.L. § 1350. G.S. § 1638. R.S. 08: § 2957. C.L. § 5931. CSA: C. 93, § 29. L. 53: p. 413, § 5. CRS 53: § 77-3-7. C.R.S. 1963: § 77-3-7. L. 75: Entire section R&RE, p. 1446, § 4, effective July 14. L. 2007: Entire section amended, p. 879, § 8, effective May 14.
For the legislative declaration in the 2007 act amending this section, see section 1 of chapter 226, Session Laws of Colorado 2007.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-208 - Survival of exemption

(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 spouse. If the property qualifies as a homestead for a joint tenant who is the parent of one or more of the other joint tenants who are minors, then, upon the death of such parent leaving no spouse surviving, the homestead shall continue in effect on the interest in such property of the surviving minor children.
(2)
If the property qualifies as a homestead for a joint tenant who is not related to any other joint tenant as husband or wife or parent and minor child, then, upon the death of such joint tenant, his homestead shall cease and terminate, and the property shall be held by the surviving tenants free of any homestead interest of such decedent, his spouse, or his minor children.
L. 53: p. 413, § 6. CRS 53: § 77-3-8. C.R.S. 1963: § 77-3-8. L. 75: Entire section R&RE, p. 1446, § 5, effective July 14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-209 - Insurance proceeds

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 the same manner as provided for a sale of the homesteaded property.
L. 53: p. 413, § 6. CRS 53: § 77-3-9. C.R.S. 1963: § 77-3-9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-210 - Definitions - vendor's rights

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 superior to any homestead.
L. 53: p. 413, § 6. CRS 53: § 77-3-10. C.R.S. 1963: § 77-3-10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-211 - Exemption in addition to allowances

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 articles
10
to
20
of title
15
, C.R.S.
L. 53: p. 413, § 6. CRS 53: § 77-3-11. C.R.S. 1963: § 77-3-11. L. 73: p. 1648, § 10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Article 41 - LIMITATIONS - HOMESTEAD EXEMPTIONS (§§ 38-41-101 — 38-41-212) › Part 2 - HOMESTEAD EXEMPTIONS (§§ 38-41-201 — 38-41-212) › Section 38-41-212 - Waiver

(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 contains a waiver of homestead rights in the encumbered property shall be subject to such waiver of homestead rights, and the purchaser of or person redeeming the property shall be entitled to acquire said property free of any homestead rights and without compliance with the requirements of section
38-41-206
.
(2)
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, except a tax sale pursuant to article
11
of title
39
, C.R.S., which does not contain a waiver of homestead rights in the encumbered property shall be subject to such homestead rights.
L. 83: Entire section added, p. 1479, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 42 - OIL, GAS, AND MINING LEASES (§§ 38-42-101 — 38-42-106) › Section 38-42-101 - Lease with option to purchase, title requirements

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, on, or under the leased premises shall clearly state in the heading or title of the lease that such right or option is contained therein; but the customary provision contained in such leases permitting the lessee to purchase or sell the lessor's share of production and to account to lessor for the proceeds thereof shall not be deemed to be such a right or option.
L. 55: p. 724, § 1. CRS 53: § 118-13-1. C.R.S. 1963: § 118-13-1.