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 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 5 - ISSUANCE OF PUBLIC TRUSTEE'S DEED, SHERIFF'S DEED, AND THE NATURE OF TITLE (§§ 38-38-501 — 38-38-506) › Section 38-38-504 - Deed evidence of compliance

Any deed executed by an officer or other official under this article shall be prima facie evidence of compliance with all statutory requirements for the sale and execution of the deed and evidence of the truth of the recitals contained in the deed.
L. 90: Entire article R&RE, p. 1672, § 2, effective October 1. L. 2007: Entire section amended, p. 1845, § 23, effective 1/1/2008.
This section is similar to former § 38-39-109, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 5 - ISSUANCE OF PUBLIC TRUSTEE'S DEED, SHERIFF'S DEED, AND THE NATURE OF TITLE (§§ 38-38-501 — 38-38-506) › Section 38-38-505 - Effect of foreclosures as to certain classes of persons

(1)
All deeds of trust executed to a public trustee may be foreclosed by such public trustee in the manner provided by section
38-38-101
, notwithstanding the fact that the indebtedness secured may constitute a claim against the estate of a deceased person, a mental incompetent, or an incapacitated person and notwithstanding the death, mental incompetency, or incapacity of one or more of the owners of the property covered by the deed of trust.
(2)
Any such foreclosure shall be good against a mental incompetent or incapacitated person and against the heirs-at-law, legatees, devisees, creditors, conservators, guardians, personal representatives, executors, and administrators of any decedent or mental incompetent or incapacitated person and all persons claiming by, through, or under such decedent or mental incompetent or incapacitated person. The public trustee shall give notice of such foreclosure proceedings, as provided by law, to the grantor in the deed of trust foreclosed at the address stated therein, as though living and mentally competent, to all persons having interests then of record, and to the lessee or lessees of the premises as provided in section
38-38-305
(1.5). The public trustee shall not be required to give notice of such foreclosure proceedings to any heir-at-law, legatee, devisee, creditor, conservator, guardian, personal representative, executor, or administrator of any decedent or mental incompetent or incapacitated person or to any person claiming by, through, or under any decedent or mental incompetent or incapacitated person unless the claim or interest of such person then appears of record.
(3)
The interest and claim in and to such real estate of all mental incompetents or incapacitated persons and of all persons claiming by, through, or under any mental incompetent, incapacitated person, or decedent, including minors and incapacitated persons, shall be terminated and concluded by such foreclosure unless they redeem from the foreclosure sale within the time prescribed by law.
L. 90: Entire article R&RE, p. 1672, § 2, effective October 1; (2) amended, p. 1685, § 6, effective October 1.
The provisions of this section are similar to provisions of several former sections as they 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 6 - RECEIVERS (§§ 38-38-601 — 38-38-602) › Section 38-38-601 - Receiver appointed upon application

(1)
When an action or proceeding has been commenced to foreclose a mortgage, trust deed, or other instrument securing an indebtedness, a receiver of the property affected shall be appointed upon application at any time prior to the sale, if it appears that the security is clearly inadequate or that the premises are in danger of being materially injured or reduced in value as security by removal, destruction, deterioration, accumulation of prior liens, or otherwise so as to render the security inadequate.
(2)
If the facts would justify the appointment of a receiver under this section but one is not applied for and if the premises are abandoned by the owner thereof, the holder of the lien may take possession until the sale and shall be subject to the same duties and liabilities for the care of the premises and for the application of the rents and profits as would a receiver.
L. 90: Entire article R&RE, p. 1673, § 2, effective October 1.
This section is similar to former § 38-39-112, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 6 - RECEIVERS (§§ 38-38-601 — 38-38-602) › Section 38-38-602 - Appointment of receiver to prevent waste

(1)
During the period of redemption, the owner of the premises or the person in possession shall not commit waste, and the purchaser shall have such action or remedy for waste, including injunction, as he would have as owner of the premises. During such period, the owner of the premises shall keep the premises in repair, shall use reasonable diligence to continue to keep the premises yielding an adequate income, and shall pay current taxes before a penalty accrues and interest becomes due on any prior encumbrance, keep the premises insured for the protection of the holder of the certificate of purchase, and, in case of a leasehold, pay the rent and other sums due under the lease, and failure to do so shall constitute waste. In case of waste committed or danger of waste or an actual probability of the security being rendered inadequate, a receiver may be appointed to take possession and preserve the property at any time after the sale under such foreclosure. A receiver appointed before the sale shall continue after sale unless otherwise directed by the court.
(2)
If the facts would justify the appointment of a receiver under this section but one is not applied for and if the premises are abandoned by the owner thereof, the purchaser may take possession and shall be subject to the same duties and liabilities for the care of the premises and for the application of the rents and profits as would a receiver.
(3)
Nothing in this article shall restrict the power of the court in the appointment of a receiver pursuant to existing law or pursuant to agreement between the parties.
L. 90: Entire article R&RE, p. 1674, § 2, effective October 1.
This section is similar to former § 38-39-113, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 7 - GENERAL PROVISIONS AND APPLICATION (§§ 38-38-701 — 38-38-705) › Section 38-38-701 - Application - use of term "foreclosure"

(1)
Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply:
(a)
To proceedings for the foreclosure of deeds of trust through the public trustee commenced on or after July 1, 2007; and
(b)
In the case of proceedings and actions for enforcement or foreclosure of any other types of liens upon real property and in the case of sales by virtue of execution and levy, where the particular proceeding or action under which the sale is performed is commenced on or after July 1, 2007.
(2)
On and after October 1, 1990, in all proceedings for the foreclosure of deeds of trust and mortgages executed before July 1, 1965:
(a)
The provisions of sections
118-9-2
and
118-9-3
, Colorado Revised Statutes 1963, as said sections existed prior to July 1, 1965, shall apply in lieu of section
38-38-302
and section
38-38-303 (1) to (3)
as it existed prior to January 1, 2008; and
(b)
The provisions of section
118-9-18
, Colorado Revised Statutes 1963, as in effect on July 1, 1965, and numbered as sections
38-38-103
and
38-38-104
on and after October 1, 1990, shall not apply.
(3)
Wherever the term "foreclosure", or variations thereof, or the concept of "foreclosure" is used in or referred to in article 37, 38, or 39 of this title, it shall be deemed to include sales of real estate upon execution, unless the context otherwise requires.
(4)
If a deed of trust grants a power of sale to the public trustee but contains no provision on the manner in which the power of sale is to be exercised, the deed of trust shall not be void or voidable, and the holder of the evidence of debt may foreclose the deed of trust in accordance with the provisions of this article on the foreclosure of deeds of trust through the office of the public trustee or in the manner of a mortgage through the courts.
L. 90: Entire article R&RE, p. 1674, § 2, effective October 1. L. 2006: (1) and (2)(a) amended and (4) added, p. 1480, § 38, effective 1/1/2008.
(1) This section is similar to former § 38-39-119, as it existed prior to 1990.
(2) The effective date for amendments made to subsections (1) and (2)(a) and for the enactment of subsection (4) by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
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 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 7 - GENERAL PROVISIONS AND APPLICATION (§§ 38-38-701 — 38-38-705) › Section 38-38-702 - Limitation of officer's liability

(1)
An officer shall not have responsibility or liability for determining:
(a)
The amount or reasonableness of a bid at a sale under section
38-38-106
, the amount required to cure under section
38-38-104
, or the amount required to redeem under section
38-38-302
;
(b)
The accuracy of the legal description of property in a full or partial release of a deed of trust;
(c)
The accuracy or completeness of a mailing list submitted to the officer; or
(d)
The legal sufficiency of the description of the property contained in the notice of election and demand.
(2)
Nothing in this article shall lessen or otherwise modify the immunities and protections extended by law to an officer or to a governmental entity with which an officer is associated.
(3)
An officer shall not have responsibility or liability for unknown damage, debt, or liens when a third party seeks a judicial foreclosure and sale.
L. 2006: Entire section added, p. 1477, § 32, effective 1/1/2008. L. 2009: (3) added, (HB 09 -1207), ch. 164, p. 721, § 19, effective September 1.
The effective date for the enactment of this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
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 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 7 - GENERAL PROVISIONS AND APPLICATION (§§ 38-38-701 — 38-38-705) › Section 38-38-703 - No waiver of or agreement to shorten right to cure

A waiver of or agreement to shorten the time period to exercise the right to cure a default granted by the provisions of this article that is made before the date of the default as to which the waiver is granted under a deed of trust, mortgage, or other instrument evidencing a lien or an evidence of debt secured thereby shall be void as against public policy.
L. 2006: Entire section added, p. 1477, § 32, effective 1/1/2008. L. 2009: Entire section amended, (HB 09 -1207), ch. 164, p. 721, § 20, effective September 1.
The effective date for the enactment of this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
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 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 7 - GENERAL PROVISIONS AND APPLICATION (§§ 38-38-701 — 38-38-705) › Section 38-38-704 - Providing information to homeowner and public

(1)
Repealed.
(2)
(a)
Notwithstanding any provision of the deed of trust or other lien being foreclosed or any provision of law to the contrary, an officer may, at his or her discretion, provide to an owner of the property or to any person liable on the secured indebtedness or other lien being foreclosed, or otherwise make available to the general public, any educational or other information or material concerning foreclosures under this article, including available community resources and foreclosure prevention information, that has been approved by the office of the attorney general, by an agency of the state of Colorado or the federal government, or by an attorney currently licensed to practice and in good standing in the state of Colorado and retained by a public trustee for such purpose. The officer may charge the fees and costs of providing such information or materials to the property owner or person liable on the debt as foreclosure fees and costs; except that the amount of such fees and costs charged shall not exceed twenty-five dollars.
(b)
This subsection (2) shall take effect July 1, 2007.
L. 2006: Entire section added, p. 1478, § 33, effective July 1.
Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 2007. (See L. 2006, p. 1478.)
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 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 7 - GENERAL PROVISIONS AND APPLICATION (§§ 38-38-701 — 38-38-705) › Section 38-38-705 - Curative provisions

(1)
If the public trustee fails to comply with any of the notice deadlines set forth in this article, unless the foreclosure has already been withdrawn by the holder of the evidence of debt or the holder's attorney, following written notice to the holder of the evidence of debt or the holder's attorney, the public trustee may rerecord the notice of election and demand, and the public trustee shall thereafter comply with all such notice deadlines from the last recording date as set forth on the rerecorded notice of election and demand as though such foreclosure had been commenced on such date.
(2)
In the event of an error contained in any certificate of purchase, certificate of redemption, public trustee's deed, or other recorded document prepared by the office of the public trustee, the public trustee may correct such error by executing and recording a scrivener's error affidavit as set forth in section
38-35-109(5)
.
L. 2007: Entire section added, p. 1728, § 7, effective June 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 8 - [Repealed] (§ 38-38-801) › Section 38-38-801 - to 38-38-808 - [Repealed]

(1) This part 8 was added in 2009.
(2) Section 38-38-808 provided for the repeal of this part 8, effective September 1, 2015. (See L. 2014, p. 552.)
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 38 - FORECLOSURE SALES (§§ 38-38-100.3 — 38-38-901) › Part 9 - [Repealed] (§ 38-38-901) › Section 38-38-901 - to 38-38-907 - [Repealed]

(1) This part 9 was added in 2010 and was not amended prior to its repeal in 2014.
(2) Section 38-38-907 provided for the repeal of this part 9, effective July 1, 2014. (See L. 2010, p. 653.)
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 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 1 - GENERAL PROVISIONS (§§ 38-39-100.5 — 38-39-109) › Section 38-39-100.5 - Definitions

The definitions in section
38-38-100.3
apply to this article unless the context otherwise requires.
L. 2007: Entire section added, p. 1845, § 24, effective 1/1/2008.
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 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 1 - GENERAL PROVISIONS (§§ 38-39-100.5 — 38-39-109) › Section 38-39-101 - Effect of deed of trust to private trustee - nature of obligation secured

Any deed of trust that names any person other than a public trustee as trustee therein or that secures an obligation other than an evidence of debt shall be deemed and taken to be a mortgage for all purposes and foreclosed only as mortgages are foreclosed in and through the courts; except that any deed of trust that names a public trustee as trustee therein and secures an obligation other than an instrument evidencing a debt shall be released as provided in section
38-39-102(5)
.
L. 90: Entire article R&RE, p. 1675, § 3, effective October 1.
This section is similar to former § 38-37-101, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 1 - GENERAL PROVISIONS (§§ 38-39-100.5 — 38-39-109) › Section 38-39-103 - Effect of release or partial release before maturity of evidence of debt - release is good as to recitals

(1)
In any executed and recorded release or partial release of any deed of trust affecting the title to real estate in this state, whether or not such release is executed before the maturity of the indebtedness so secured, the recital of the following shall constitute evidence thereof, so as to give full effect to such release:
(a)
That the indebtedness secured by such deed of trust has been fully or partially paid; or
(b)
That the purpose of the deed of trust has been fully or partially satisfied.
(2)
Any release of deed of trust shall be good and valid as to the recitals therein, whether made to the original grantor of said deed of trust or to a subsequent purchaser of the property described in such release of deed of trust.
L. 90: Entire article R&RE, p. 1676, § 3, effective October 1. L. 92: (1) amended, p. 2095, § 6, effective July 1.
This section is similar to former §§ 38-37-124 and 38-37-125, as they 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 1 - GENERAL PROVISIONS (§§ 38-39-100.5 — 38-39-109) › Section 38-39-104 - Satisfaction of mortgage

The lien of any mortgage encumbering property within the state of Colorado can be released only by the mortgagee executing a separate instrument of release executed under the formalities prescribed by the law regulating conveyances. All releases made prior to July 1, 1973, either on the mortgage or on the record of the mortgage, and signed by the mortgagee, shall have the same effect as a separate instrument of release legally executed by the mortgagee.
L. 90: Entire article R&RE, p. 1676, § 3, effective October 1.
This section is similar to former § 38-38-101, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 1 - GENERAL PROVISIONS (§§ 38-39-100.5 — 38-39-109) › Section 38-39-105 - Removal of improvements from encumbered property

(1)
An owner of real property shall not remove any improvement therefrom without first obtaining the written consent of the holder of any lien recorded prior to October 1, 1990, and the holder of the indebtedness secured by the deed of trust or mortgage having the most senior lien which encumbers such real property. This section shall not apply where any such improvement is expressly excepted from such lien.
(2)
Any person who violates the provisions of subsection (1) of this section commits:
(a)
A petty offense if the amount is less than three hundred dollars;
(b)
A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;
(c)
A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;
(d)
A class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars;
(e)
A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;
(f)
A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;
(g)
A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and
(h)
A class 2 felony if the amount is one million dollars or more.
Amended by 2021 Ch. 462, § 687, eff. 3/1/2022.
L. 90: Entire article R&RE, p. 1676, § 3, effective October 1. L. 2002: (2) amended, p. 1555, § 344, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3293, § 687, effective 3/1/2022.
(1) This section is similar to former §§ 38-38-103 and 38-38-104 , as they existed prior to 1990.
(2) 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).
For the legislative declaration in the 2002 act amending subsection (2), 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) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 1 - GENERAL PROVISIONS (§§ 38-39-100.5 — 38-39-109) › Section 38-39-106 - Future advances

(1)
Any mortgage may, by its terms, secure future advances up to a total maximum principal amount expressly set forth in such mortgage. Such mortgage shall be effective to secure payment of all advances, both obligatory and optional, up to the stated maximum principal amount to the same extent and with the same effect and priority as if such total maximum principal amount had been fully disbursed on or before the date such mortgage was recorded.
(2)
Such mortgage shall also secure, to the same extent and with the same effect and priority, the following additional amounts regardless of whether such additional amounts, when added to the principal amount of the indebtedness, exceed the maximum principal amount stated in the mortgage:
(a)
All increases in the principal amount that result from negative amortization or the addition of deferred interest;
(b)
All disbursements made for the payment of taxes, levies, or insurance with respect to the property subject to the mortgage or made to protect such property from waste, damage, or abuse;
(c)
If the mortgage or evidence of debt secured by the mortgage so provides, all reasonable expenses associated with collection of the indebtedness or foreclosure of the mortgage; and
(d)
Interest on any of the items specified in paragraphs (a) to (c) of this subsection (2) in accordance with the terms of the mortgage or the evidence of debt secured by the mortgage.
(3)
Subsection (1) of this section shall not apply to any subsequent advance against a mortgage instrument after a mortgagee has initially advanced principal up to the maximum amount stated in the mortgage, unless the mortgage instrument clearly states that it was made pursuant to a revolving credit arrangement.
(4)
This section shall have no application to the priority of general mechanics' liens arising pursuant to article
22
of this title, and the priority of such general mechanics' liens with respect to a mortgage which secures future advances shall be determined without reference to this section.
(5)
As used in this section, unless the context otherwise requires, "mortgage" means a mortgage, deed of trust, or other instrument creating a lien on real property to secure the payment of an indebtedness.
L. 2002: Entire section added, p. 377, § 1, effective August 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 1 - GENERAL PROVISIONS (§§ 38-39-100.5 — 38-39-109) › Section 38-39-109 - When release of deed of trust is recorded

(1)
(a)
Except as provided in paragraph (b) of this subsection (1), when a release of a deed of trust is presented to the county clerk and recorder for recording, the county clerk and recorder shall return the original release of a deed of trust to the original grantor, assuming party, or current owner using the current address for the original grantor, assuming party, or current owner provided to the public trustee pursuant to section
38-39-102(1)(a)(IV), (3)(a)(II), (3)(b)(II), or (3)(c)(II)
.
(b)
The county clerk and recorder shall not be required to return the original release of a deed of trust as specified in paragraph (a) of this subsection (1) if the public trustee, in his or her discretion, has released the deed of trust as specified in section
38-39-102(1)(a)(IV)
, if a current address is not provided as specified in section
38-39-102(9)(b)
, or if the release of deed of trust is electronically recorded.
(2)
If the original release is returned to the county clerk and recorder as undeliverable or unable to forward, the county clerk and recorder shall maintain the original release pursuant to the policy of the office of the clerk and recorder.
(3)
Any original grantor, assuming party, or current owner seeking a copy of a release of a deed of trust after recording shall be subject to appropriate copy fees pursuant to section
30-1-103
, C.R.S.
Amended by 2014 Ch. 30,§ 9, eff. 7/1/2014.
L. 2008: Entire section added, p. 573, § 4, effective April 21. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2121, §173, effective August 11. L. 2014: (1)(b) amended, (HB 14-1073), ch. 30, p. 178, § 9, effective July 1.
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 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-201 - Liens not to run over fifteen years

(1)
Except as provided in sections
38-39-202
and
38-39-204
, any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due as shown by such mortgage or deed of trust recorded in the office of the county clerk and recorder of the county wherein the property is located.
(2)
If the date on which the final payment or performance is due cannot be determined from the information contained in the recorded mortgage or deed of trust, such date shall, for the purpose of this article, be considered to be the date of the recorded instrument or, if the instrument is undated, the date the instrument was first recorded, notwithstanding anything in any other instrument or any unrecorded instrument to the contrary.
L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.
This section is similar to former §§ 38-40-101 and 38-40-106, as they 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-202 - Lien extended - method

(1)
The lien of a recorded mortgage or deed of trust may be extended without the written agreement of the owner of the property encumbered by such lien by an instrument in writing, signed by the owner of the obligation secured by such lien or by the person, firm, or corporation designated in such mortgage or deed of trust as the trustee for the owner of the obligation, such as a note or bond secured by such lien or by the successor in office of such named trustee. Such instrument shall clearly describe the mortgage or deed of trust, shall state the date to which the lien has been extended, and shall be recorded before the expiration of the fifteen-year period described in section
38-39-201(1)
in the office of the county clerk and recorder of the county wherein the property is located. The date to which such lien is extended by such instrument shall in no event be later than fifteen years after the recording date of such instrument.
(2)
Additional and further extensions may be recorded from time to time in accordance with the provisions of this section in order to extend the lien of such mortgage or deed of trust. The original extension and all additional and further extensions shall, in no event, extend the lien of the original mortgage or trust deed beyond a total of thirty years without the written agreement of the owner of the property encumbered by such lien. Each successive extension must be recorded during the time that such mortgage or deed of trust constitutes a lien under the terms of this article and before the expiration of the respective period for which the lien of such mortgage or deed of trust may have been extended in accordance with the terms of this article.
(3)
The lien of a recorded mortgage or deed of trust may be extended for so long as agreed, by an instrument in writing, signed by the owner of the obligation secured by such lien and the owner of the property encumbered by such lien and recorded in the office of the county clerk and recorder of the county in which such property is located.
(4)
The term "thirty years", as used in this section, means thirty years after the original maturity date of such mortgage or deed of trust.
L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.
This section is similar to former § 38-40-102, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-203 - No release necessary

No release or other instrument shall be necessary to discharge the lien of any recorded mortgage or deed of trust which has expired or ceased to be a lien as provided in sections
38-39-201
and
38-39-202
, but nothing in this section shall be construed as affecting or preventing the execution of a release at any time.
L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.
This section is similar to former § 38-40-104, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-204 - Effect of notice of action on lien

If, prior to the expiration of the period as defined in sections
38-39-201
and
38-39-202
during which any recorded mortgage or deed of trust constitutes a lien, there shall be filed in the office of the county clerk and recorder of the proper county a notice of an action pending to foreclose such lien or a notice of election and demand for sale, the lien created by such instrument shall continue until final disposition of the action or foreclosure proceeding.
L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.
This section is similar to former § 38-40-110, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-205 - Action to be brought within fifteen years

No action shall be commenced to foreclose the lien of any mortgage or deed of trust, unless such action is commenced prior to the date on which such mortgage or deed of trust ceases to be a lien pursuant to sections
38-39-201
and
38-39-202
.
L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.
This section is similar to former § 38-40-105, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-206 - Does not extend any lien

This article shall not be construed as extending any lien or the right to bring or maintain any action for which a shorter period may be provided by law.
L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.
This section is similar to former § 38-40-111, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-207 - Lien extinguished when action barred

The lien created by any instrument shall be extinguished, regardless of any other provision in this article to the contrary, at the same time that the right to commence a suit to enforce payment of the indebtedness or performance of the obligation secured by the lien is barred by any statute of limitation of this state.
L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.
This section is similar to former § 38-40-112, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-208 - Action within seven years when in possession

No action shall be commenced for any reason whatsoever to question or to set aside any foreclosure of any deed of trust, mortgage, or other lien, unless such action is commenced within seven years after the date of the vesting of title pursuant to such foreclosure.
L. 90: Entire article R&RE, p. 1678, § 3, effective October 1.
This section is similar to former § 38-40-114, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 39 - MORTGAGES, DEEDS OF TRUST, AND OTHER LIENS (§§ 38-39-100.5 — 38-39-209) › Part 2 - LIMITATIONS (§§ 38-39-201 — 38-39-209) › Section 38-39-209 - Mortgages to United States

(1)
Any mortgage, deed of trust, or other instrument executed by a corporation organized under the provisions of articles
40
,
55
, and
56
of title
7
, C.R.S., and given to secure any indebtedness to the United States, or any agency or instrumentality thereof, which affects real or personal property, or both, and which is recorded in the real property records in any county in which such property is located or is to be located shall have the same force and effect as if such instrument were also recorded, filed, or indexed as provided by law in the proper office in such county as a mortgage of personal property. All after-acquired real or personal property of such corporation, described or referred to as being mortgaged or pledged in any such instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such corporation, whether or not such property was in existence at the time of the execution of such instrument.
(2)
Recordation of any such instrument shall constitute notice and otherwise have the same effect with respect to such after-acquired property as it has under the laws relating to recordation with respect to property owned by such corporation at the time of the execution of such instrument and therein described or referred to as being mortgaged or pledged thereby. The lien upon personal property of any such instrument shall, after recordation thereof, continue in existence and of record until the performance of the obligation secured thereby or the release or satisfaction thereof by the owner thereof.
L. 90: Entire article R&RE, p. 1678, § 3, effective October 1. L. 96: (1) amended, p. 546, § 13, effective July 1.
This section is similar to former § 38-40-115, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 40 - MORTGAGE BROKERS - LENDERS (§§ 38-40-101 — 38-40-106) › Section 38-40-101 - Mortgage broker fees - escrow accounts - unlawful act - penalty

(1)
Any funds, other than advanced for actual costs and expenses to be incurred by the mortgage broker on behalf of the applicant for a loan, paid to a mortgage broker as a fee conditioned upon the consummation of a loan secured or to be secured by a mortgage or other transfer of or encumbrance on real estate shall be held in an escrow or a trustee account with a bank or recognized depository in this state. Such account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government.
(2)
It is unlawful for a mortgage broker to misappropriate funds held in escrow or a trustee account pursuant to subsection (1) of this section.
(3)
The withdrawal, transfer, or other use or conversion of any funds held in escrow or a trustee account pursuant to subsection (1) of this section prior to the time a loan secured or to be secured by mortgage or other transfer of or encumbrance on real estate is consummated shall be prima facie evidence of intent to violate subsection (2) of this section.
(4)
Any mortgage broker violating any of the provisions of subsection (2) of this section commits theft as defined in section
18-4-401
, C.R.S.
(5)
Any mortgage broker violating any of the provisions of subsection (1) or (2) of this section shall be liable to the person from whom any funds were received for the sum of one thousand dollars plus actual damages caused thereby, together with costs and reasonable attorney fees. No lender shall be liable for any act or omission of a mortgage broker under this section.
(6)
As used in this section, unless the context otherwise requires, "mortgage broker" means a person, firm, partnership, association, or corporation, other than a bank, trust company, savings and loan association, credit union, supervised lender as defined in section
5-1-301(46)
, C.R.S., insurance company, federal housing administration approved mortgagee, land mortgagee, or farm loan association or duly appointed loan correspondents, acting through officers, partners, or regular salaried employees for any such entity, that engages in negotiating or offering or attempting to negotiate for a borrower, and for commission, money, or other thing of value, a loan to be consummated and funded by someone other than the one acting for the borrower.
L. 90: Entire article R&RE, p. 1679, § 4, effective October 1. L. 2000: (6) amended, p. 1874, § 114, effective August 2.
This section is similar to former § 38-38-111, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 40 - MORTGAGE BROKERS - LENDERS (§§ 38-40-101 — 38-40-106) › Section 38-40-102 - [Repealed]

Repealed by 2016 Ch. 17,§2, eff. 3/16/2016.
L. 90: Entire article R&RE, p. 1680, § 4, effective October 1. L. 2000: (4) amended, p. 1874, § 115, effective August 2. L. 2016: Entire section repealed, (SB 16-014), ch. 17, p. 40, § 2, effective March 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 40 - MORTGAGE BROKERS - LENDERS (§§ 38-40-101 — 38-40-106) › Section 38-40-103 - Servicing of mortgages and deeds of trust - liability for interest or late fees for property taxes

(1)
(a)
(I)
Any person who regularly engages in the collection of payments on mortgages and deeds of trust for owners of evidences of debt secured by mortgages or deeds of trust shall promptly credit all payments which are received and which are required to be accepted by such person or his agent and shall promptly perform all duties imposed by law and all duties imposed upon the servicer by such evidences of debt, mortgages, or deeds of trust creating or securing the indebtedness.
(II)
No more than twenty days after the date of transfer of the servicing or collection rights and duties to another person, the transferor of such rights and duties shall mail a notice addressed to the debtor from whom it has been collecting payments at the address shown on its records, notifying such debtor of the transfer of the servicing of his or her debt and the name, address, and telephone number of the transferee of the servicing.
(b)
The debtor may continue to make payments to the transferor of the servicing of his or her loan until a notice of the transfer is received from the transferee containing the name, address, and telephone number of the new servicer of the loan to whom future payments should be made. Such notice may be combined with the notice required in subparagraph (II) of paragraph (a) of this subsection (1). It shall be the responsibility of the transferor to forward to the transferee any payments received and due after the date of transfer of the loan.
(2)
The servicer of a loan shall respond in writing within twenty days from the receipt of a written request from the debtor or from an agent of the debtor acting pursuant to written authority from the debtor for information concerning the debtor's loan, which is readily available to the servicer from its books and records and which would not constitute the rendering of legal advice. Any such response must include the telephone number of the servicer. The servicer shall not be liable for any damage or harm that might arise from the release of any information pursuant to this section.
(3)
The servicer of a loan shall annually provide to the debtor a summary of activity related to the loan. Such a summary shall contain, but need not be limited to, the total amount of principal and interest paid on the loan in that calendar year.
(4)
The servicer of a loan shall be liable for any interest or late fees charged by any taxing entity if funds for the full payment of taxes on the real estate have been held in an escrow account by such servicer and not remitted to the taxing entity when due.
L. 90: Entire article R&RE, p. 1680, § 4, effective October 1.
This section is similar to former § 38-38-113, 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) › MORTGAGES AND TRUST DEEDS (§§ 38-37-100.5 — 38-40-106) › Article 40 - MORTGAGE BROKERS - LENDERS (§§ 38-40-101 — 38-40-106) › Section 38-40-103.5 - Notice upon transfer of servicing rights - prior servicer's offer to borrower survives transfer - definitions

(1)
As used in this section:
(a)
"Borrower" means a person liable under an evidence of debt constituting a residential mortgage loan.
(b)
"Evidence of debt" has the meaning set forth in section
38-38-100.3(8)
.
(c)
"Holder" means the holder of an evidence of debt constituting a residential mortgage loan.
(d)
"Residential mortgage loan" has the meaning set forth in section
12-10-702(21)
.
(e)
(I)
"Servicer" means a person who collects, receives, or has the right to collect or receive payments on behalf of a holder, including payments of principal, interest, escrow amounts, and other amounts due on obligations due and owing to the holder.
(II)
"Servicer" includes:
(A)
The person or entity to whom payments are to be sent, as listed on the most recent billing statement or payment coupon provided to the borrower; or
(B)
A subsidiary, affiliate, or assignee of a servicer, however designated, including a person designated as a subservicer.
(2)
A servicer to whom servicing rights for a residential mortgage loan have been sold or transferred by the holder or by a predecessor servicer is subject to, and shall honor, the borrower's acceptance, prior to the sale or transfer of servicing rights, of any offer previously made by the holder or predecessor servicer in connection with a modification of a residential mortgage loan.
(3)
At the time of the transfer or sale of servicing rights for a residential mortgage loan, the transferor or seller shall inform the buyer or transferee of the servicing rights whether a loan modification is pending.
(4)
A contract for the transfer or sale of servicing rights for a residential mortgage loan must obligate the successor servicer to:
(a)
Accept and continue processing any pending loan modification requests; and
(b)
Honor any trial and permanent loan modification agreements entered into by the prior servicer.
Amended by 2019 Ch. 136,§ 240, eff. 10/1/2019.
Added by 2013 Ch. 36,§ 1, eff. 3/15/2013.
L. 2013: Entire section added, (HB 13-1017), ch. 36, p. 103, § 1, effective March 15.