§ 38-35-101 — Acknowledgments - form - prima facie evidence

Colorado § 38-35-101

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Conveyancing and Recording

Text

(1) No officer
authorized to take acknowledgments of instruments affecting title to real property
shall take or certify such acknowledgments unless the person making the same is
personally known to such officer to be the identical person he represents himself to
be or is proved to be such by at least one credible person known to such officer. It
shall not be necessary to state such fact in his certificate of acknowledgment
attached to any instrument affecting title to real property.

(2) Any deed or other instrument relating to or affecting title to real property
acknowledged substantially in accordance with the following form before a proper
official shall be prima facie evidence of the proper execution thereof:

STATE OF COLORADO )

) ss.

County of ................................................)

The foregoing instrument was acknowledged before me this ........ day of
................, 20...., by .................................................................................................................... .

(if by natural person or persons, insert name or names; if by person acting in
representative or official capacity or as attorney-in-fact, insert name of person as
executor, attorney-in-fact, or other capacity or description; if by officer of
corporation, insert name of such officer or officers as the president or other officers
of such corporation, naming it). If acknowledgment is taken by a notary public, the
date of expiration of his commission shall also appear on the certificate.

Witness my hand and official seal.

........................................

Title of Officer

(3) As to any instrument acknowledged substantially in accordance with the
above form of acknowledgment, such acknowledgment shall be prima facie
evidence:

(a) That the person named therein as acknowledging the instrument
appeared in person before the official taking the acknowledgment and was
personally known to such official to be the person whose name was subscribed to
the instrument and that such person acknowledged that he signed the instrument
as his free and voluntary act for the uses and purposes therein set forth;

(b) If the acknowledgment is by a person in a representative or official
capacity, that the person acknowledging the instrument acknowledged it to be his
free and voluntary act in such capacity or as the free and voluntary act of the
principal, person, or entity represented;

(c) If the person acknowledging is an officer of a corporation, that such
person was known to the official taking the acknowledgment to be such corporate
officer and that the instrument was executed and acknowledged by such corporate
officer, with proper authority from the corporation, as the act of such corporation;

(d) If the persons acknowledging are directors, trustees, or managers of a
dissolved or expired corporation, acting last before the time of the dissolution or
expiration of such corporation, or the survivors of them, that such persons were
such corporate directors, trustees, or managers, or the survivors of them, and that
the instrument was executed and acknowledged by them with proper authority;

(e) If the person acknowledging is a partner, that such person was such
partner and that the instrument was executed and acknowledged by such partner
with proper authority from such partnership as the act of such partnership.

(4) If such instrument has been acknowledged in the manner provided in this
section and has been recorded in the office of the proper county clerk and recorder,
it shall also be prima facie evidence of due delivery of such instrument, irrespective
of the length of time that may have elapsed between the date of such instrument
and the date when such instrument was so recorded. The provisions of this section
shall relate and apply to all instruments which have been executed prior to May 4,
1937, as well as to all instruments which are executed after said date, irrespective
of whether such instruments have been acknowledged before or after said date and
irrespective of whether such instruments are recorded before or after said date.

(5) The seal required to be affixed to a deed or other instrument under the
provisions of this section may consist of a rubber stamp with a facsimile affixed
thereon of the seal required to be used and may be placed or stamped upon the
deed or other instrument requiring the seal with indelible ink.

Legislative History

Source: L. 27: p. 585, � 1. CSA: C. 40, � 107. L. 37: p. 477, � 1. L. 39: p. 289, � 1. CRS 53: � 118-6-1. L. 55: p. 721, � 1. C.R.S. 1963: � 118-6-1. L. 75: (5) added, p. 489, � 7, effective July 14.