2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35 - CONVEYANCING AND RECORDING (§§ 38-35-101 — 38-35-204) › Part 1 - GENERAL PROVISIONS (§§ 38-35-101 — 38-35-127) › Section 38-35-109 - Instrument may be recorded - validity of unrecorded instruments - liability for fraudulent documents

(1)
All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting the title to real property, certificates, and certified copies of orders, judgments, and decrees of courts of record may be recorded in the office of the county clerk and recorder of the county where such real property is situated; except that all instruments conveying the title of real property to the state or a political subdivision shall be recorded pursuant to section
38-35-109.5
. No such unrecorded instrument or document shall be valid against any person with any kind of rights in or to such real property who first records and those holding rights under such person, except between the parties thereto and against those having notice thereof prior to acquisition of such rights. This is a race-notice recording statute. In all cases where by law an instrument may be filed in the office of a county clerk and recorder, the filing thereof in such office shall be equivalent to the recording thereof, and the recording thereof in the office of such county clerk and recorder shall be equivalent to the filing thereof.
(1.5)
(a)
Any person may record in the office of the county clerk and recorder of any county a master form mortgage or master form deed of trust. Such forms shall be entitled to recordation without any acknowledgment or signature; without identification of any specific real property; and without naming any specific mortgagor, mortgagee, trustor, beneficiary, or trustee. Every instrument shall contain on the face of the document "Master form recorded by (name of person causing instrument to be recorded)." The county clerk and recorder shall index such master forms in the grantee index under the name of the person causing it to be recorded.
(b)
(I)
Any of the provisions of such master form instrument may be incorporated by reference in any mortgage or deed of trust encumbering real estate situated within the state, if such reference in the mortgage or deed of trust states the following:
(A)
That the master form instrument was recorded in the county in which the mortgage or deed of trust is offered for record;
(B)
The date when recorded and the book and page or pages or reception or index number where such master form was recorded;
(C)
That a copy of the provisions of the master form instrument was furnished to the person executing the mortgage or deed of trust; and
(D)
If fewer than all of the provisions of the referenced master form are being adopted or incorporated, a statement identifying by paragraph, section, or other specification method which will clearly identify the incorporated provision or provisions, provided that in the absence of specific designation, the entire referenced master form will be deemed to be incorporated.
(II)
The recording of any mortgage or deed of trust which has incorporated by reference any of the provisions of a master form recorded as provided in this section shall have the same effect as if such provisions of such master form had been set forth fully in the mortgage or deed of trust.
(2)
All deeds dated after January 1, 1977, and recorded with the county clerk and recorder pursuant to subsection (1) of this section shall include a notation of the legal address of the grantee of the instrument, including road or street address if applicable. Any such deed submitted to the county clerk and recorder lacking such address shall not be recorded and shall be returned to the person requesting the recordation. Acceptance of a deed by the county clerk and recorder in violation of this subsection (2) shall not make such deed invalid. A notation as required in this subsection (2) may be made by a person other than the grantee after the execution of the deed.
(3)
Any person who offers to have recorded or filed in the office of the county clerk and recorder any document purporting to convey, encumber, create a lien against, or otherwise affect the title to real property, knowing or having a reason to know that such document is forged or groundless, contains a material misstatement or false claim, or is otherwise invalid, shall be liable to the owner of such real property for the sum of not less than one thousand dollars or for actual damages caused thereby, whichever is greater, together with reasonable attorney fees. Any grantee or other person purportedly benefited by a recorded document that purports to convey, encumber, create a lien against, or otherwise affect the title to real property and is forged or groundless, contains a material misstatement or false claim, or is otherwise invalid who willfully refuses to release such document of record upon request of the owner of the real property affected shall be liable to such owner for the damages and attorney fees provided for in this subsection (3).
(4)
Repealed.
(5)
(a)
An affidavit, executed under penalty of perjury, stating facts enumerated under paragraph (b) of this subsection (5) and made by a person who has actual knowledge of, and is competent to testify in a court of competent jurisdiction about, the facts in such affidavit may affect the title to real property within the state and may be recorded in the office of the county clerk and recorder in the county in which the real property is situated.
(b)
When recorded, an affidavit as described in subsection (5)(a) of this section, or a certified copy of such affidavit, shall constitute prima facie evidence of one or more of the following facts:
(I)
The name, age, identity, residence, or service in the armed forces of any party;
(II)
Whether the land embraced in any conveyance or any part of such land or right therein has been in the actual possession of any party or parties within the chain of title;
(III)
If furnished by a professional land surveyor as defined in section
12-120-302 (6)
, a surveyor's affidavit of correction in accordance with section
38-51-111
or a land survey plat in accordance with section
38-51-106
, that reconciles conflicts and ambiguities in descriptions of land in recorded instruments;
(IV)
A scrivener's error.
(c)
An affidavit filed under this subsection (5) shall state that the affiant has actual knowledge of, and is competent to testify to, the facts in the affidavit and shall include a description of the land, the title that may be affected by facts stated in such affidavit, a reference to an instrument of record containing such description, the name of the person appearing by the record to be the owner of such land at the time of the recording of the affidavit, and an acknowledgment that the affiant is testifying under penalty of perjury. The recorder shall index the affidavit in the name of the record owner.
Amended by 2019 Ch. 136, § 235, eff. 10/1/2019.
L. 27: p. 590, § 8. CSA: C. 40, § 114. CRS 53: § 118-6-9. C.R.S. 1963: § 118-6-9. L. 76: Entire section amended, p. 753, § 2, effective 1/1/1977. L. 80: (1) amended and (3) and (4) added, p. 708, § 1, effective July 1. L. 84: (1) amended, p. 979, § 1, effective July 1. L. 89: (1) amended, p. 348, § 2, effective April 5. L. 96: (1), (3), and (4) amended, p. 1554, § 1, effective July 1. L. 97: (4) repealed, p. 38, § 3, effective March 20; (1) amended, p. 20, § 2, effective July 1. L. 2001: (1.5) added, p. 294, § 1, effective July 1. L. 2003: (5) added, p. 835, § 3, effective August 6. L. 2010: (5)(b)(III) amended, (HB 10 -1085), ch. 326, p. 326, § 7, effective August 11. L. 2019: IP(5)(b) and (5)(b)(III) amended, (HB 19-1172), ch. 1723, p. 1723, § 235, effective October 1.