§ 38-36-161 — Assignment, cancellation, and release of mortgage

Whenever a
mortgage upon which a mortgagee's duplicate has been issued is assigned,
extended, or otherwise dealt with, the mortgagee's duplicate shall be presented
with the instrument assigning, extending, or otherwise dealing with the mortgage,
and a memorial of the instrument shall be made upon the mortgagee's duplicate
and upon the original certificate of title. When the mortgage is discharged or
otherwise extinguished, the mortgagee's duplicate shall be surrendered and
stamped canceled. In case only a part of the charge or of the land is intended to
be released, discharged, or surrendered, the entry shall be made by a memorial
accordingly in like manner as before provided for a release or discharge. The
production of the mortgagee's duplicate certificate shall be conclusive authority to
register the instrument therewith presented. A mortgage on registered land may be
discharged in whole or in part by the mortgagee in person on the register of titles in
the same manner as a mortgage on unregistered land may be discharged by an
entry on the margin of the record thereof in the county clerk and recorder's office,
and such discharge shall be attested by the registrar of titles.

Legislative History

Source: L. 03: p. 335, � 58. R.S. 08: � 774. C.L. � 4984. CSA: C. 40, � 229. CRS 53: � 118-10-61. C.R.S. 1963: � 118-10-61.