§ 42-6-121 — Filing of mortgage - rules

Colorado § 42-6-121

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Certificates of Title -

Text

(1) The holder of a chattel mortgage on
a motor or off-highway vehicle desiring to secure the rights provided for in this part
1 and to have the existence of the mortgage and the fact of the filing of the
mortgage noted in the filing of the certificate of title to the encumbered vehicle
must present the signed original or signed duplicate of the mortgage or copy of the
mortgage and the certificate of title or application for certificate of title to the
vehicle encumbered to the authorized agent of the director in the county or city and
county in which the mortgagor of the vehicle resides or where the vehicle is
located. The holder may file either with paper documents or electronically. The
mortgage or refinancing of a loan secured by a mortgage must state the name and
address of the debtor; the name and address of the mortgagee or name of the
mortgagee's assignee; the make, vehicle identification number, and year of
manufacture of the mortgaged vehicle; and the date and amount of the loan
secured by the mortgage. An owner of a motor or off-highway vehicle applying for a
certificate of title under section 42-6-115, 42-6-116, or 42-6-119 is deemed to have
filed under this section on behalf of the mortgage or lienholder.

(2) (a) Upon the receipt of the electronic, original, or duplicate mortgage and
certificate of title or application for certificate of title, the authorized agent, if
satisfied that the vehicle described in the mortgage is the same as that described in
the certificate of title or filed title, shall file within the director's authorized agent's
motor and off-highway vehicle database:

(I) Notice of the mortgage or lien, in which appears the day on which the
mortgage was received for filing;

(II) The name and address of the mortgagee named and the name and
address of the holder of the mortgage, if the holder is not the named mortgagee;

(III) The amount secured by the vehicle;

(IV) The date of the mortgage;

(V) The day and year on which the mortgage was filed; and

(VI) Any other information regarding the filing of the mortgage in the office
of the director's authorized agent as may be required by the director by rule.

(b) The director's authorized agent shall electronically transmit, when the
director's authorized agent uses an electronic filing system, the certificate of title,
application for certificate of title, and mortgage information to the database of the
director for maintenance of a central registry of motor and off-highway vehicle title
information pursuant to section 42-6-147.

(3) A mortgage is deemed to be a signed original or a signed duplicate if the
signature appearing on a certificate of title or application for certificate of title was
affixed personally by the mortgagor or the mortgagor's attorney-in-fact, in ink, in
carbon, or by any other means.

(4) For purposes of liens created pursuant to section 14-10-122 (1.5), C.R.S.,
the lien shall contain the information set forth in this section as well as any
additional information required in section 14-10-122 (1.5)(f), C.R.S.

(5) The lien or mortgage shall be perfected pursuant to section 42-6-120 on
the date all documents required by subsection (1) of this section, including, without
limitation, the signed original or signed duplicate of the mortgage or a copy
containing the information required by subsection (1) of this section, are received by
the authorized agent and payment is tendered on the fee imposed by section 42-6-137 (2).

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2458, � 1, effective January 1, 1995. L. 97: Entire section amended, p. 1310, � 46, effective July 1. L. 2000: Entire section amended, p. 1663, � 15, effective July 1, 2001. L. 2006: Entire section amended, p. 640, � 2, effective July 1. L. 2009: (1) amended, (SB 09-292), ch. 369, p. 1984, � 127, effective August 5; (1) amended, (HB 09-1089), ch. 196, p. 880, � 1, effective October 1. L. 2013: (1) and (2) amended, (SB 13-280), ch. 407, p. 2386, � 17, effective June 5. L. 2022: (1), IP(2)(a), and (2)(a)(V) amended, (HB 22-1388), ch. 475, p. 3464, � 11, effective January 1, 2023.