reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-120 - Where to apply for certificate of title

Except as may be otherwise provided by rule of the director, it is unlawful for any person who is a resident of the state to procure a certificate of title to a manufactured home in any county of this state other than the county in which such home is to be used as a residence. Any person who violates any of the provisions of this section or any rule of the director relating thereto, made pursuant to the authority conferred upon the director in this article 29 commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 684, eff. 3/1/2022.
L. 83: Entire article added, p. 1455, § 1, effective June 15. L. 2021: Entire section amended, (SB 21-271), ch. 3293, p. 3293, § 684, effective 3/1/2022.
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.
2021 Ch. 462, 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) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-121 - Altering or using altered certificate

Any person who alters or forges or causes to be altered or forged any certificate of title issued by the director pursuant to the provisions of this article, or any written transfer thereof, or any other notation placed thereon by the director or under his or her authority respecting the mortgaging of the manufactured home therein described or who uses or attempts to use any such certificate for the transfer thereof, knowing the same to have been altered or forged, commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 83: Entire article added, p. 1455, § 1, effective June 15. L. 89: Entire section amended, p. 851, § 139, effective July 1. L. 2002: Entire section amended, p. 1554, § 340, effective October 1.
For the legislative declaration in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-122 - Substitute manufactured home identification numbers - inspection

(1)
Any person required to make an application for a certificate of title to a manufactured home shall use the identification number placed upon the home by the manufacturer thereof or an identification number assigned to the home by the department. The certificate of title issued by the department shall use the identification number assigned to the manufactured home.
(2)
On and after February 25, 1954, the identification number provided for in this section shall be accepted in lieu of any serial number provided for by law prior to said date.
(3)
(a)
The department may designate a manufactured home identification inspector to physically inspect a manufactured home in order to verify the following information: The identification number, the make of the manufactured home, the year of manufacture of the manufactured home, and such other information as may be required by the department. A manufactured home identification inspector may charge a fee for the inspection; except that such fee shall not exceed the reasonable costs related to the inspection. A manufactured home identification inspector shall notify the owner of the amount of the fee before commencing any verification activities. If the manufactured home identification inspector determines that the manufactured home identification number has been removed, changed, altered, or obliterated, the owner shall request that the department assign a distinguishing number to the manufactured home pursuant to section
38-29-123
.
(b)
The department may designate one or more of the following persons to be a manufactured home identification inspector charged with the functions set forth in paragraph (a) of this subsection (3):
(I)
An authorized agent as defined in section
38-29-102(1)
or a person designated by such agent;
(II)
A Colorado law enforcement officer;
(III)
A person registered to sell manufactured homes pursuant to section
24-32-3323
, C.R.S.; or
(IV)
A county assessor.
L. 83: Entire article added, p. 1455, § 1, effective June 15. L. 2009: (3) added, (SB 09-040), ch. 9, p. 65, §5, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-123 - Assignment of a special manufactured home identification number by the department of revenue

The department is authorized to assign a distinguishing number to any manufactured home whenever there is no identifying number thereon or such number has been destroyed, obliterated, or mutilated. In such cases, the department shall provide a form on which the distinguishing number has been assigned to the manufactured home. The distinguishing number shall be affixed to the manufactured home in the door frame or fuse box or as determined by the department. The distinguishing number shall then be the manufactured home identification number. Such manufactured home shall be titled under such distinguishing number in lieu of the former number or absence thereof, or in the event that the manufactured home is affixed to the ground so that it is no longer capable of being drawn over the public highways, the owner shall file the form provided by the department on which the distinguishing number has been assigned with the clerk and recorder for the county or city and county in which the manufactured home is located. The clerk and recorder shall file and record such form in his or her office.
L. 83: Entire article added, p. 1456, § 1, effective June 15. L. 2009: Entire section amended, (SB 09-040), ch. 9, p. 66, §6, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-124 - Amended certificate to issue, when

If the owner of any manufactured home for which a Colorado certificate of title has been issued replaces any part of said home on which appears the identification number or symbol described in the certificate of title and by which said home is known and identified, by reason whereof such identification number or symbol no longer appears thereon, or incorporates the part containing the identification number or symbol into a manufactured home other than the one for which the original certificate of title was issued, immediately thereafter, such owner shall make application to the director or one of his authorized agents for an assigned identification number and an amended certificate of title to such manufactured home.
L. 83: Entire article added, p. 1456, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-125 - Security interests upon manufactured homes

(1)
Except as provided in this section, the provisions of the "Uniform Commercial Code", title 4, C.R.S., relating to the filing, recording, releasing, renewal, and extension of mortgages, as the term is defined in section
38-29-102(9)
, shall not be applicable to manufactured homes. Any mortgage intended by the parties thereto to encumber or create a lien on a manufactured home, to be effective as a valid lien against the rights of third persons, purchasers for value without notice, mortgagees, or creditors of the owner, shall be filed for public record and the fact thereof noted on the owner's certificate of title or bill of sale substantially in the manner provided in section
38-29-128
; and the filing of such mortgage with the authorized agent and the notation by him of that fact on the certificate of title or bill of sale substantially in the manner provided in section
38-29-128
shall constitute notice to the world of each and every right of the person secured by such mortgage.
(2)
The provisions of this section and section
38-29-128
shall not apply to any mortgage or security interest upon any manufactured home held for sale or lease which constitutes inventory as defined in section
4-9-102
, C.R.S. As to such mortgages or security interests, the provisions of article
9
of title
4
, C.R.S., shall apply, and perfection of such mortgages or security interests shall be made pursuant thereto, and the rights of the parties shall be governed and determined thereby.
L. 83: Entire article added, p. 1456, § 1, effective June 15. L. 2001: (2) amended, p. 1447, § 45, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-126 - Existing mortgages not affected

Nothing in this article shall be construed to impair the rights of the holder of any lien on a manufactured home created by mortgage or otherwise prior to August 1, 1949, which remains unreleased and the undertaking which the lien thereof secures remains undischarged. Nothing in this article shall be construed to relieve the holders of such liens of the duty to file such instruments respecting the undertakings secured thereby as may be required by law to preserve the liens of such mortgages unimpaired.
L. 83: Entire article added, p. 1456, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-127 - Foreign mortgages

No mortgage on a manufactured home, filed for record in any state other than the state of Colorado, shall be valid and enforceable against the rights of subsequent purchasers for value, creditors, or mortgagees having no actual notice of the existence thereof. If the certificate of title for such home, whether issued under the laws of this state or any other state, bears thereon any notation adequate to apprise a purchaser, creditor, or mortgagee of the existence of such mortgage at the time any third party acquires a right in the manufactured home covered thereby, such mortgage and the rights of the holder thereof shall be enforceable in this state the same and with like effect as though such mortgage were filed in the state of Colorado and noted on the certificate of title in the manner prescribed in section
38-29-128
.
L. 83: Entire article added, p. 1457, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-128 - Filing of mortgage

The holder of any mortgage on a manufactured home desiring to secure to himself the rights provided for in this article and to have the existence of the mortgage and the fact of the filing thereof for public record noted on the certificate of title to the manufactured home thereby encumbered shall present said mortgage or a duly executed copy or certified copy thereof and the certificate of title to the manufactured home encumbered to the authorized agent of the director in the county or city and county in which the manufactured home is located. Upon the receipt of said mortgage or executed copy or certified copy thereof and certificate of title, the authorized agent, if he is satisfied that the manufactured home described in the mortgage is the same as that described in the certificate of title, shall make and subscribe a certificate to be attached or stamped on the mortgage and on the certificate of title, in which shall appear the day and hour on which said mortgage was received for filing, the name and address of the mortgagee therein named and the name and address of the holder of such mortgage, if such person is other than the mortgagee named, the amount secured thereby, the date thereof, the day and year on which said mortgage was filed for public record, and such other information regarding the filing thereof in the office of the authorized agent as may be required by the director by rule, to which certificate the authorized agent shall affix his signature and the seal of his office.
L. 83: Entire article added, p. 1457, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-129 - Disposition of mortgages by agent

(1)
The authorized agent upon receipt of the mortgage shall file the same in his office separately and apart from records affecting real property and personal property, other than manufactured homes, which he may by law be required to keep. Such mortgage shall be appropriately indexed and cross-indexed:
(a)
Under one or more of the following headings in accordance with such rules and regulations relating thereto as may be adopted by the director:
(I)
Manufacturer, manufacturer's number, or serial number of manufactured homes mortgaged;
(II)
The numbers of the certificates of title for manufactured homes mortgaged;
(b)
Under the name of the mortgagee, the holder of such mortgage, or the owner of such mortgaged home; or
(c)
Under such other system as the director may devise and determine to be necessary for the efficient administration of this article.
(2)
All records of mortgages affecting manufactured homes shall be public and may be inspected and copies thereof made, as is provided by law respecting public records affecting real property.
L. 83: Entire article added, p. 1457, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-130 - Disposition after mortgaging

Within forty-eight hours after a mortgage on a manufactured home has been filed in his office, the authorized agent shall mail to the director the certificate of title or bill of sale on which he has affixed his certificate respecting the filing of such mortgage. Upon the receipt thereof, the director shall note, on records to be kept and maintained by him in his office, the fact of the existence of the mortgage on such manufactured home and other information respecting the date thereof, the date of filing, the amount secured by the lien thereof, the name and address of the mortgagee and of the holder of the mortgage, if such person is other than the mortgagee, and such other information relating thereto as appears in the certificate of the authorized agent affixed to the certificate of title or bill of sale. The director shall thereupon issue a new certificate of title containing, in addition to the other matters and things required to be set forth in certificates of title, a description of the mortgage and all information respecting said mortgage and the filing thereof as may appear in the certificate of the authorized agent, and he shall thereafter dispose of said new certificate of title containing said notation as provided in section
38-29-111
.
L. 83: Entire article added, p. 1458, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-131 - Release of mortgages

(1)
Upon the payment or discharge of the undertaking secured by any mortgage on a manufactured home that has been filed for record and noted on the certificate of title in the manner prescribed in section
38-29-128
, the legal holder of the certificate of title, in a place to be provided therefor, shall make and execute such notation of the discharge of the obligation and release of the mortgage securing the same and set forth therein such facts concerning the right of the holder to so release said mortgage as the director may require by appropriate rule, which satisfaction and release shall be affirmed by a statement signed by the legal holder of the certificate of title and shall contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section
18-8-503
, C.R.S. Thereupon, except as otherwise provided in section
38-29-112
(1.7), the holder of the mortgage so released shall dispose of the certificate of title as follows:
(a)
If it appears from an examination of the certificate of title that the manufactured home therein described is subject to an outstanding junior mortgage or mortgages filed for record subsequent to August 1, 1949, the holder shall deliver the certificate of title to the person so shown to be the holder of the mortgage which was filed earliest in point of time after the filing of the mortgage released or to the person or agent of the person shown to be the assignee or other legal holder of the undertaking secured thereby or shall mail the same to such mortgagee or holder thereof at his address as the same thereon appears. If such certificate is returned unclaimed, it shall thereupon be mailed to the director.
(b)
If it appears from an examination of the certificate of title that there are no other outstanding mortgages against the manufactured home therein described, filed for record subsequent to August 1, 1949, upon the release of such mortgage as provided in this section, the holder thereof shall deliver the certificate of title to the owner of the home therein described or shall mail the same to him at his address as the same may therein appear. If for any reason said certificate of title is not delivered to the owner of the home therein described or is returned unclaimed upon the mailing thereof, it shall thereupon be mailed to the director.
L. 83: Entire article added, p. 1458, § 1, effective June 15. L. 89: IP(1) amended, p. 1573, § 7, effective 1/1/1990. L. 2004: IP(1) amended, p. 868, § 3, effective August 4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-132 - New certificate upon release of mortgage

Upon the release of any mortgage on a manufactured home, filed for record in the manner prescribed in section
38-29-128
, the owner of the home encumbered by such mortgage, the purchaser from or transferee of the owner thereof as appears on the certificate of title, or the holder of any mortgage the lien of which was junior to the lien of the mortgage released, whichever the case may be, upon the receipt of the certificate of title, as provided in section
38-29-131
, shall deliver the same to the authorized agent who shall transmit the same to the director as in other cases. Upon the receipt by the director of the certificate of title bearing thereon the release and satisfaction of mortgage referred to in section
38-29-131
, he shall make such notation on the records in his office as shall show the release of the lien of such mortgage, shall issue a new certificate of title to the manufactured home therein described, omitting therefrom all reference to the mortgage so released, and shall dispose of the new certificate of title in the manner prescribed in other cases.
L. 83: Entire article added, p. 1459, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-133 - Duration of lien of mortgage - extensions

(1)
The duration of the lien of any mortgage on a manufactured home shall be for the full term of the mortgage, but the lien of the mortgage may be extended beyond the original term thereof for successive three-year periods during the term of the mortgage or any extension thereof upon the holder thereof presenting the certificate of title, on which the existence of the mortgage has been noted, to the authorized agent of the county wherein said mortgage is filed, together with a notarized written request for an extension of the mortgage or a written request that is made under the penalties of perjury in the second degree, as defined in section
18-8-503
, C.R.S., in which shall appear a description of the undertaking secured, to what extent it has been discharged or remains unperformed, and such other and further information respecting the same as may be required by appropriate rule of the director to enable him or her to properly record such extension upon the director's records.
(2)
Upon receipt of a mortgage extension, the authorized agent shall make and complete a record of the extension and shall issue a new certificate of title on which the extension of the mortgage is noted. Thereafter the newly issued certificate of title shall be returned to the person shown thereon to be entitled thereto, the same as in other cases. If a mortgage noted on the certificate of title has not been released or extended after its maturity date, the owner of the manufactured home described in the certificate of title may request that any references to the mortgages shown on the records of the authorized agent be removed, and upon the request, the authorized agent shall remove such references.
L. 83: Entire article added, p. 1459, § 1, effective June 15. L. 2009: Entire section amended, (SB 09-040), ch. 9, p. 66, §7, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-134 - Priority of mortgages

The liens of mortgages filed for record and noted on a certificate of title to a manufactured home, as provided in sections
38-29-128
and
38-29-135
, shall take priority in the same order that the mortgages creating such liens were filed in the office of the authorized agent.
L. 83: Entire article added, p. 1459, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-136 - Validity of mortgage between parties

Nothing in this article shall be construed to impair the validity of a mortgage on a manufactured home between the parties thereto as long as no purchaser for value, mortgagee, or creditor without actual notice of the existence thereof has acquired an interest in the manufactured home described therein, notwithstanding that the parties to said mortgage have failed to comply with the provisions of this article.
L. 83: Entire article added, p. 1460, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-137 - Mechanics', warehouse, and other liens

Nothing in this article shall be construed to impair the rights of lien claimants arising under any mechanics' lien law in force and effect in this state or the lien of any warehouseman or any other person claimed for repairs on or storage of any manufactured home, when a mechanic's lien or storage lien has originated prior to the time any mortgage on said manufactured home has been filed for record, as provided in section
38-29-125
, and such manufactured home has remained continuously in the possession of the person claiming such mechanic's lien or lien for storage, notwithstanding that no notation of such lien is made upon the certificate of title to the home in respect of which it is claimed.
L. 83: Entire article added, p. 1460, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-138 - Fees

(1)
(a)
Upon filing with the authorized agent any application for a certificate of title, the applicant shall pay to the agent a fee of seven dollars and twenty cents, which shall be disposed pursuant to section
42-6-138
, C.R.S.
(b)
Repealed.
(2)
Upon the receipt by the authorized agent of any mortgage for filing under the provisions of section
38-29-128
, the agent shall be paid such fees as are prescribed by law for the filing of like instruments in the office of the county clerk and recorder in the county or city and county in which such mortgage is filed and shall receive, in addition, a fee of seven dollars and twenty cents for the issuance or recording of the certificate of title and the notation of the existence of said mortgage.
(3)
Upon application to the authorized agent to have noted on a certificate of title the extension of any mortgage therein described and noted thereon, such authorized agent shall receive a fee of one dollar and fifty cents.
(4)
Upon the release and satisfaction of any mortgage and upon application to the authorized agent for the notation thereof on the certificate of title in the manner prescribed in section
38-29-131
, such authorized agent shall be paid a fee of seven dollars and twenty cents, which shall be disposed pursuant to section
42-6-138
, C.R.S.
(5)
For the issuance of any duplicate certificate of title, except as may be otherwise provided in this article, the agent shall be paid a fee of eight dollars and twenty cents, and, in all cases in which the department assigns a new identifying number to any manufactured home, the fee charged for such assignment shall be three dollars and fifty cents.
(6)
The fees provided for in subsections (1) and (2) of this section shall not apply to the issuance of a certificate of title for a tax-deferred mobile home pursuant to the provisions of section
39-3.5-105(1)(b)(II)
, C.R.S.
L. 83: Entire article added, p. 1461, § 1, effective June 15. L. 88: (6) added, p. 1285, § 16, effective May 23. L. 2003: (1), (2), (4), and (5) amended, p. 1977, § 1, effective May 22.
Subsection (1)(b)(III) provided for the repeal of subsection (1)(b), effective September 1, 2006. (See L. 2003, p. 1977.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-139 - Disposition of fees

(1)
All fees received by the authorized agent under the provisions of section
38-29-138 (1) and (2)
, upon application being made for a certificate of title, shall be disposed of pursuant to section
42-6-138 (1)
, C.R.S.
(2)
All fees collected by the authorized agent under the provisions of section
38-29-138 (5)
shall be disposed of pursuant to section
42-6-138 (2)
, C.R.S.
(3)
All fees paid to the authorized agent under section
38-29-138 (3)
for the filing or extension of any mortgage on a manufactured home filed in his or her office shall be kept and retained by said agent to defray the cost thereof and shall be disposed of by him or her as provided by law; except that fees for this service that may be paid to the authorized agent in the city and county of Denver shall, by such agent, be disposed of in the same manner as fees retained by him or her that were paid upon application being made for a certificate of title.
L. 83: Entire article added, p. 1461, § 1, effective June 15. L. 94: (1) and (2) amended, p. 2567, § 84, effective 1/1/1995. L. 2003: (3) amended, p. 1980, § 7, effective May 22.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-140 - Director's records to be public

All records in the director's office pertaining to the title to any manufactured home shall be public records and shall be subject to the provisions of section
42-1-206
, C.R.S. This shall include any records regarding ownership of and mortgages on any manufactured home for which a Colorado certificate of title has been issued.
L. 83: Entire article added, p. 1461, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-141 - Penalties

(1)
No person may:
(a)
Sell, transfer, or in any manner dispose of a manufactured home in this state without complying with the requirements of this article.
(b)
(Deleted by amendment, L. 89, p. 1573, § 8, effective January 1, 1990.)
(2)
Any person who violates any of the provisions of subsection (1) of this section for which no other penalty is expressly provided commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 685, eff. 3/1/2022.
L. 83: Entire article added, p. 1462, § 1, effective June 15. L. 89: Entire section amended, p. 1573, § 8, effective 1/1/1990. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3293, § 685, effective 3/1/2022.
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.
2021 Ch. 462, 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) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-141.5 - False oath

Any person who makes any application for a certificate of title, written transfer thereof, satisfaction and release, oath, affirmation, affidavit, statement, report, or deposition required to be made or taken under any of the provisions of this article and who, upon such application, transfer, satisfaction and release, oath, affirmation, affidavit, statement, report, or deposition, swears or affirms willfully and falsely in a matter material to any issue, point, or subject matter in question, in addition to any other penalties provided in this article, is guilty of perjury in the second degree, as defined in section
18-8-503
, C.R.S.
L. 89: Entire section added, p. 1573, § 9, effective 1/1/1990.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-142 - Repossession of manufactured home - owner must notify law enforcement agency - penalty

(1)
If any mortgagee or his assignee or the agent of either repossesses a manufactured home because of default in the terms of a mortgage, the mortgagee or his assignee shall notify, either verbally or in writing, a law enforcement agency, as provided in this section, of the fact of such repossession, the name of the owner, and the name of the mortgagee or assignee. Such notification shall be made not later than twelve hours after the repossession occurs. If such repossession takes place in an incorporated city or town, the notification shall be made to the police department, town marshal, or other local law enforcement agency of such city or town, and, if such repossession takes place in the unincorporated area of a county, the notification shall be made to the county sheriff.
(2)
Any mortgagee of a manufactured home or his assignee who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars.
L. 83: Entire article added, p. 1462, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-143 - Change of location - penalty

(1)
The owner shall file notice of any change of location within the county with the county assessor and the county treasurer or change of location from one county to another county with the county assessor and the county treasurer of each county within twenty days after such change of location occurs. For the purposes of this subsection (1), "owner" shall mean the owner at the time of the change of location.
(2)
Any person who fails to file notice of any change of location as required by subsection (1) of this section is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars. This shall be a strict liability offense.
L. 83: Entire article added, p. 1462, § 1, effective June 15. L. 91: (2) amended, p. 1696, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 2 - FILING AND RECORDING OF DOCUMENTSRELATED TO A MANUFACTURED HOME (§§ 38-29-201 — 38-29-209) › Section 38-29-201 - Verification of application form - supporting materials

(1)
In all instances under part 1 of this article in which an application for a certificate of title is filed with an authorized agent pursuant to section
38-29-107
, the authorized agent, in his or her capacity as the clerk and recorder, shall file and record the documents set forth in subsection (2) of this section in his or her office.
(2)
(a)
For an application for a certificate of title for a new manufactured home, the following documents shall be filed and recorded:
(I)
The manufacturer's certificate or statement of origin or its equivalent; and
(II)
(Deleted by amendment, L. 2009, (SB 09-040), ch. 67, p. 67, § 8, effective July 1, 2009.)
(III)
The verification of application form.
(b)
For an application for a certificate of title for which a bond is furnished pursuant to section
38-29-119 (2)
, the following documents shall be filed and recorded:
(I)
A copy of the written declaration required pursuant to section
38-29-119 (1)
;
(II)
A copy of the bond that was furnished; and
(III)
The verification of application form.
(c)
For all other applications for a certificate of title, the following documents shall be filed and recorded:
(I)
A copy of the certificate of title presented to the authorized agent, if any; and
(II)
The verification of application form.
(3)
A verification of application form shall comply with the federal "Driver's Privacy Protection Act of 1994",
18 U.S.C. sec. 2721
et seq.
L. 2008: Entire part added, p. 445, § 9, effective July 1. L. 2009: (2)(a) amended and (3) added, (SB 09 -040), ch. 9, p. 67, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 2 - FILING AND RECORDING OF DOCUMENTSRELATED TO A MANUFACTURED HOME (§§ 38-29-201 — 38-29-209) › Section 38-29-205 - Authorized agent - forward to the clerk and recorder

If an authorized agent who receives a document for filing and recording pursuant to this part 2 is not the clerk and recorder for the county or city and county, the authorized agent shall forward such document to the clerk and recorder, for the clerk and recorder to file and record the document in his or her office.
L. 2008: Entire part added, p. 451, § 9, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 2 - FILING AND RECORDING OF DOCUMENTSRELATED TO A MANUFACTURED HOME (§§ 38-29-201 — 38-29-209) › Section 38-29-206 - Recorded documents - index

Any document filed and recorded by a clerk and recorder pursuant to this part 2 shall be indexed in both the grantor and grantee indexes under the name of the owner or owners of the manufactured home and the owners of the land to which the manufactured home was affixed or permanently located at the time the document is required to be filed and recorded.
L. 2008: Entire part added, p. 451, § 9, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 2 - FILING AND RECORDING OF DOCUMENTSRELATED TO A MANUFACTURED HOME (§§ 38-29-201 — 38-29-209) › Section 38-29-207 - Copy of certificates to assessor

The clerk and recorder shall forward a copy of a certificate of permanent location, certificate of removal, and certificate of destruction to the assessor for the county or city and county.
L. 2008: Entire part added, p. 451, § 9, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 2 - FILING AND RECORDING OF DOCUMENTSRELATED TO A MANUFACTURED HOME (§§ 38-29-201 — 38-29-209) › Section 38-29-208 - Affidavit of real property

(1)
Any person can prove that a manufactured home and the land upon which it has been permanently affixed is real property by filing an affidavit of real property with the clerk and recorder for the county or city and county in which the manufactured home is located. The clerk and recorder shall file and record the affidavit of real property in his or her office. Except as otherwise set forth in subsection (2) of this section, the affidavit of real property shall include the following:
(a)
An acknowledged statement by all owners that the manufactured home and real property to which the manufactured home is permanently affixed became real property pursuant to this article;
(b)
A statement from the county assessor that the manufactured home has been valued together with the land upon which it is affixed;
(c)
A statement from the county treasurer that taxes have been paid on the manufactured home and the land upon which it is affixed in the same manner as other real property, as that term is defined in section
39-1-102(14)
, C.R.S.;
(d)
Proof that a search of the director's records pursuant to section
42-1-206
, C.R.S., was conducted and that no certificate of title was found for the manufactured home; and
(e)
Verification that the manufactured home is permanently affixed to the ground in accordance with any applicable county or city and county codes or requirements so that it is no longer capable of being drawn over the public highways.
(2)
If a manufactured home occupies real property subject to a long-term lease that has an express term of at least ten years, then the affidavit of real property shall include the following:
(a)
A copy of the applicable long-term lease;
(b)
A statement from the county treasurer that taxes have been paid separately on the manufactured home and the land upon which it is affixed; and
(c)
The items set forth in paragraphs (a), (d), and (e) of subsection (1) of this section.
L. 2008: Entire part added, p. 451, § 9, effective July 1. L. 2009: IP(1) and (1)(e) amended and (2) added, (SB 09-040), ch. 9, p. 69, §11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 2 - FILING AND RECORDING OF DOCUMENTSRELATED TO A MANUFACTURED HOME (§§ 38-29-201 — 38-29-209) › Section 38-29-209 - Fees - disposition

(1)
In all instances in which a document is to be filed and recorded pursuant to this part 2, the authorized agent or clerk and recorder, as the case may be, shall be paid such fees for each document so filed and recorded as are prescribed by law for the filing of like instruments in the office of the county clerk and recorder.
(2)
The recording fees authorized by this section are in addition to any fees that are required pursuant to section
38-29-138
.
(3)
All fees paid pursuant to this section shall be kept and retained by the authorized agent or the clerk and recorder to defray the cost thereof and shall be disposed of by him or her as provided by law.
L. 2008: Entire part added, p. 452, § 9, 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) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-101 - Parties entitled to hold lands may convey

Any person, association of persons, or body politic or corporate which is entitled to hold real estate, or any interest in real estate whatever, shall be authorized to convey the same to another or a body corporate or politic by deed.
R.S. p. 106, § 1. G.L. § 160. G.S. § 198. R.S. 08: § 668. C.L. § 4869. CSA: C. 40, § 1. CRS 53: § 118-1-1. C.R.S. 1963: § 118-1-1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-103 - Livery of seisin, not necessary

Livery of seisin is in no case necessary for the conveyance of any lands, tenements, or hereditaments.
R.S. p. 106, § 2. G.L. § 161. G.S. § 199. R.S. 08: § 670. C.L. § 4871. CSA: C. 40, § 3. CRS 53: § 118-1-3. C.R.S. 1963: § 118-1-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-104 - Vendor's after-acquired title deemed in trust for vendee

If any person sells and conveys to another by deed or conveyance, purporting to convey an estate in fee simple absolute, any tract of land or real estate lying and being in this state, not being possessed of the legal estate or interest therein at the time of the sale and conveyance and, after such sale and conveyance, the vendor becomes possessed of and confirmed in the legal estate of the land or real estate so sold and conveyed, it shall be taken and held to be in trust and for the use of the grantee or vendee, and said conveyance shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest at the time of said sale or conveyance.
R.S. p. 106, § 4. G.L. § 163. G.S. § 201. R.S. 08: § 672. C.L. § 4873. CSA: C. 40, § 5. CRS 53: § 118-1-4. C.R.S. 1963: § 118-1-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-104.5 - Grantor's interest in vacated right-of-way deemed included

Every conveyance or encumbrance of real property, voluntary or otherwise, including but not limited to any form of deed, lease, deed of trust, mortgage, or lien, is deemed to include the grantor's interest, if any, in any vacated street, alley, or other right-of-way that adjoins the real property unless the interest is expressly excluded by the terms of the conveyance or encumbrance.
Added by 2017 Ch. 117,§ 2, eff. 8/9/2017.
L. 2017: Entire section added, (SB 17-097), ch. 117, p. 416, § 2, effective August 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) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-105 - Lands not in possession may be conveyed

Any person claiming right or title to lands, tenements, or hereditaments, although he may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his interest in and to the same in as full and complete a manner as if he were in the actual possession of the lands and premises intended to be conveyed.
R.S. p. 107, § 5. G.L. § 164. G.S. § 202. R.S. 08: § 673. C.L. § 4874. CSA: C. 40, § 6. CRS 53: § 118-1-5. C.R.S. 1963: § 118-1-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-106 - Tenant in fee tail takes in fee simple

In cases where, by the common law, any person may be or become seized in fee tail of any lands, tenements, or hereditaments by virtue of any devise or conveyance, or by any other means whatsoever, such person, instead of becoming seized in fee tail thereof, shall be deemed and adjudged to be seized of such lands, tenements, and hereditaments in fee simple.
R.S. p. 107, § 6. G.L. § 165. G.S. § 203. R.S. 08: § 674. C.L. § 4875. CSA: C. 40, § 7. CRS 53: § 118-1-6. C.R.S. 1963: § 118-1-6. L. 83: Entire section amended, p. 1467, § 1, effective May 25.