Colorado § 38-35-102 When unacknowledged instruments prima facie evidence

Colorado Statutes

§ 38-35-102 — When unacknowledged instruments prima facie evidence

Colorado § 38-35-102

Title 38Property -

Art.Conveyancing and Recording

This text of Colorado § 38-35-102 (When unacknowledged instruments prima facie evidence) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-35-102 (2026).

Text

(1)When an instrument, which by its terms constitutes a promise or obligation for the payment of money and also by its terms gives or creates or purports to give or to create a lien upon real estate as security for the payment of such money, at the time that such instrument has been filed for record in the office of the county clerk and recorder of the county in which said real estate is situate, irrespective of whether such recording is the original recording of such instrument or a recording of such instrument subsequent to its original recording, bears upon its face or upon its back an assignment, transfer, or endorsement thereof, such instrument and such assignment, transfer, or endorsement thereof or the recorded copy of such instrument and of such assignment, transfer, or

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(1)
When an instrument, which by its terms constitutes a promise or obligation for the
payment of money and also by its terms gives or creates or purports to give or to
create a lien upon real estate as security for the payment of such money, at the
time that such instrument has been filed for record in the office of the county clerk
and recorder of the county in which said real estate is situate, irrespective of
whether such recording is the original recording of such instrument or a recording
of such instrument subsequent to its original recording, bears upon its face or upon
its back an assignment, transfer, or endorsement thereof, such instrument and such
assignment, transfer, or endorsement thereof or the recorded copy of such
instrument and of such assignment, transfer, or endorsement thereof or a certified
copy of the recorded copy of said instrument and of such assignment, transfer, or
endorsement thereof certified by the county clerk and recorder shall be admissible
in evidence as and shall constitute prima facie evidence of such transfer,
assignment, or endorsement of such instrument from the person whose purported
signature is affixed to such assignment, transfer, or endorsement to the person
named in such assignment, transfer, or endorsement as the assignee, transferee, or
endorsee of such instrument, irrespective of whether or not such assignment,
transfer, or endorsement has been acknowledged in the manner provided by law for
the acknowledgment of instruments relating to or affecting title to real property or
acknowledged at all.

(2) The provisions of this section shall relate and apply to all of such
instruments which have been executed prior to May 4, 1937, as well as to all such
instruments executed after said date, irrespective of whether said assignments,
transfers, or endorsements were executed before or after May 4, 1937, and
irrespective of whether such instruments and such assignments, transfers, and
endorsements thereof were recorded before or after said date.