§ 38-36-181 — Issuance of new certificate - amendment of duplicates

Colorado § 38-36-181

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Torrens Title Registration Act

Text

(1) In
every case where the registrar of titles enters a memorial upon a certificate of title,
or enters a new certificate of title, in pursuance of any instrument executed by the
registered owner, or by reason of any instrument or proceeding which affects or
devises the title of the registered owner against his consent, if the outstanding
owner's duplicate certificate is not presented, the registrar of titles shall not enter
a new certificate or make a memorial, but the person claiming to be entitled thereto
may apply by petition to the court. The court may order the registered owner or any
person withholding the duplicate certificate to present or surrender the same, and
direct the entry of a memorial or new certificate upon such presentation or
surrender. If in any case the person withholding the duplicate certificate is not
amenable to the process of the court, or cannot be found, or if for any reason the
outstanding owner's duplicate certificate cannot be presented or surrendered
without delay, the court may, by decree, annul the same and order a new certificate
of title to be entered. Such new certificate, and all duplicates thereof, shall contain
a memorial of the annulment of the outstanding duplicate.

(2) If in any case an outstanding mortgagee's or lessee's duplicate
certificate is withheld or otherwise dealt with, like proceedings may be had to
obtain registration as in the case of the owner's withholding or refusal to deliver the
duplicate receipt.

Legislative History

Source: L. 03: p. 343, � 78. R.S. 08: � 794. C.L. � 5004. CSA: C. 40, � 249. CRS 53: � 118-10-81. C.R.S. 1963: � 118-10-81.