2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › CERTIFICATES OF TITLE (§§ 42-6-101 — 42-6-206) › Article 6 - CERTIFICATES OF TITLE - USED MOTOR VEHICLE SALES (§§ 42-6-101 — 42-6-206) › Part 1 - CERTIFICATES OF TITLE (§§ 42-6-101 — 42-6-148) › Section 42-6-121 - Filing of mortgage - rules

(1)
The holder of a chattel mortgage on a motor or off-highway vehicle desiring to secure the rights provided for in this part 1 and to have the existence of the mortgage and the fact of the filing of the mortgage noted in the filing of the certificate of title to the encumbered vehicle must present the signed original or signed duplicate of the mortgage or copy of the mortgage and the certificate of title or application for certificate of title to the vehicle encumbered to the authorized agent of the director in the county or city and county in which the mortgagor of the vehicle resides or where the vehicle is located. The holder may file either with paper documents or electronically. The mortgage or refinancing of a loan secured by a mortgage must state the name and address of the debtor; the name and address of the mortgagee or name of the mortgagee's assignee; the make, vehicle identification number, and year of manufacture of the mortgaged vehicle; and the date and amount of the loan secured by the mortgage. An owner of a motor or off-highway vehicle applying for a certificate of title under section
42-6-115
,
42-6-116
, or
42-6-119
is deemed to have filed under this section on behalf of the mortgage or lienholder.
(2)
(a)
Upon the receipt of the electronic, original, or duplicate mortgage and certificate of title or application for certificate of title, the authorized agent, if satisfied that the vehicle described in the mortgage is the same as that described in the certificate of title or filed title, shall file within the director's authorized agent's motor and off-highway vehicle database:
(I)
Notice of the mortgage or lien, in which appears the day on which the mortgage was received for filing;
(II)
The name and address of the mortgagee named and the name and address of the holder of the mortgage, if the holder is not the named mortgagee;
(III)
The amount secured by the vehicle;
(IV)
The date of the mortgage;
(V)
The day and year on which the mortgage was filed; and
(VI)
Any other information regarding the filing of the mortgage in the office of the director's authorized agent as may be required by the director by rule.
(b)
The director's authorized agent shall electronically transmit, when the director's authorized agent uses an electronic filing system, the certificate of title, application for certificate of title, and mortgage information to the database of the director for maintenance of a central registry of motor and off-highway vehicle title information pursuant to section
42-6-147
.
(3)
A mortgage is deemed to be a signed original or a signed duplicate if the signature appearing on a certificate of title or application for certificate of title was affixed personally by the mortgagor or the mortgagor's attorney-in-fact, in ink, in carbon, or by any other means.
(4)
For purposes of liens created pursuant to section
14-10-122
(1.5), C.R.S., the lien shall contain the information set forth in this section as well as any additional information required in section
14-10-122
(1.5)(f), C.R.S.
(5)
The lien or mortgage shall be perfected pursuant to section
42-6-120
on the date all documents required by subsection (1) of this section, including, without limitation, the signed original or signed duplicate of the mortgage or a copy containing the information required by subsection (1) of this section, are received by the authorized agent and payment is tendered on the fee imposed by section
42-6-137 (2)
.
Amended by 2022 Ch. 475, § 11, eff. 1/1/2023.
Amended by 2013 Ch. 407, § 17, eff. 6/5/2013 and applicable to acts committed on or after 7/1/2014.
L. 94: Entire title amended with relocations, p. 2458, § 1, effective 1/1/1995. L. 97: Entire section amended, p. 1310, § 46, effective July 1. L. 2000: Entire section amended, p. 1663, § 15, effective 7/1/2001. L. 2006: Entire section amended, p. 640, § 2, effective July 1. L. 2009: (1) amended, (SB 09 -292), ch. 369, p. 1984, § 127, effective August 5; (1) amended, (HB 09 -1089), ch. 196, p. 880, § 1, effective October 1. L. 2013: (1) and (2) amended, (SB 13-280), ch. 407, p. 2386, § 17, effective June 5.
(1) This section is similar to former § 42-6-120 as it existed prior to 1994, and the former § 42-6-121 was relocated to §
42-6-122
.
(2) Amendments to subsection (1) by Senate Bill 09-292 and House Bill 09-1089 were harmonized.
2022 Ch. 475, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 1997 act amending this section, see section 1 of chapter 236, Session Laws of Colorado 1997.