Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-35-101 (2024)

Acknowledgments - form - prima facie evidence

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(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.

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.

Cross references: For who may take acknowledgments, see § 38-30-126; for specification for notary public's seal and showing of expiration of commission, see § 24-21-517.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1975–2025 · leading case: Alpine Bank v. Moreno (In Re Moreno), 293 B.R. 777 (Bankr. D. Colo. 2003).
Sort: Relevance Newest Treatment
Alpine Bank v. Moreno (In Re Moreno), 293 B.R. 777 (Bankr. D. Colo. 2003). · cites it 4× “In addition, the mandatory acknowledgment provisions set forth in Colo.Rev.Stat. §§ 38-35-101 and 38-35-102 are for the purpose of ensuring that all instruments are signed by the proper parties to be charged, that is, the actual property owners.”
Love v. Bishop, 2018 CO 20, 413 P.3d 1267. · cites it 2× “(2017) ("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.”
Tuttle v. Burrows, 852 P.2d 1314 (Colo. Ct. App. 1992). · cites it 3× “Section 38-35-101(4), C.R.S. (1982 Repl.Vol.”
Brown v. Bd. of Cnty. Commissioners of the Cnty. of Arapahoe, 720 P.2d 579 (Colo. Ct. App. 1985). · cites it 3× “Section 38-35-101(4), C.R.S. (1982 Repl.Vol.”
Carmack v. Place, 535 P.2d 197 (Colo. 1975). · cites it 3× “The principal factor relied upon by the court of appeals in holding that the right of survivorship superseded the conveyance in this case is our recording statute which reads: “All deeds, powers of attorney, agreements or other instruments in writing, conveying, encumbering or…”
Jacquez v. Jacquez, 694 P.2d 1292 (Colo. Ct. App. 1984). · cites it 3× “Finding the contract to be unenforceable and ineffective for a variety of reasons, only one of which need be considered here, the trial court held that the deed conveyed an undivided one eighth interest in the property to each of the children, and ordered the property sold on…”
Ameriquest Mortg. Co. v. Land Title Ins. Corp., 216 P.3d 597 (Colo. Ct. App. 2008). “Recording Act Colorado’s Recording Act, § 38-35-101, et seq., C.R.S.2006, provides in relevant part: No .”
Herstam v. Bd. of Directors, 895 P.2d 1131 (Colo. Ct. App. 1995). “Further, § 38-35-117 is not part of the Colorado Act, but is included within § 38-35-101, et seq., C.R.S. (1982 Repl.Vol.”
Dawson v. Yenko, No. 24CA0863 (Colo. Ct. App. Apr. 10, 2025). · cites it 2× “But to ensure “that all conveyances which are executed by any attorney-in-fact may be seen to be executed with the assent of the grantor,” the agent’s power of attorney “shall be recorded in the same office in which the conveyances themselves are required to be recorded.”3 §…”
Est. of Marie M. Chavez, No. 20CA1125 (Colo. Ct. App. Aug. 4, 2022). “8:15 (2022); and (4) acknowledged deeds, see § 38-35-101(2), (3)(a), C.R.S. 2021, precluded him from presenting his theory of the case.”
In re Beldo, 114 B.R. 736 (D. Colo. 1990). · cites it 2× “At the bottom of the document is an acknowledgement properly signed and notarized in accordance with C.R.S. § 38-35-101. The document was duly recorded in the office of the Jefferson County Clerk and Recorder on September 21, 1988.”
Boydstun v. Loveless, 890 P.2d 267 (Colo. Ct. App. 1995). “Loveless further contends that the trial court’s order quieting title in Keith undercuts the recording statutes, §§ 38-35-101, et seq., C.R.S. (1982 Repl.”
Colo. Rev. Stat. § 38-35-101(2): 1 case
Est. of Marie M. Chavez, No. 20CA1125 (Colo. Ct. App. Aug. 4, 2022). “8:15 (2022); and (4) acknowledged deeds, see § 38-35-101(2), (3)(a), C.R.S. 2021, precluded him from presenting his theory of the case.”
Colo. Rev. Stat. § 38-35-101(3)(a): 1 case
Dawson v. Yenko, No. 24CA0863 (Colo. Ct. App. Apr. 10, 2025). “But to ensure “that all conveyances which are executed by any attorney-in-fact may be seen to be executed with the assent of the grantor,” the agent’s power of attorney “shall be recorded in the same office in which the conveyances themselves are required to be recorded.”3 §…”
Colo. Rev. Stat. § 38-35-101(3)(b): 1 case
Alpine Bank v. Moreno (In Re Moreno), 293 B.R. 777 (Bankr. D. Colo. 2003). “In addition, the mandatory acknowledgment provisions set forth in Colo.Rev.Stat. §§ 38-35-101 and 38-35-102 are for the purpose of ensuring that all instruments are signed by the proper parties to be charged, that is, the actual property owners.”
Colo. Rev. Stat. § 38-35-101(4): 4 cases
Tuttle v. Burrows, 852 P.2d 1314 (Colo. Ct. App. 1992). “Section 38-35-101(4), C.R.S. (1982 Repl.Vol.”
Brown v. Bd. of Cnty. Commissioners of the Cnty. of Arapahoe, 720 P.2d 579 (Colo. Ct. App. 1985). “Section 38-35-101(4), C.R.S. (1982 Repl.Vol.”
Carmack v. Place, 535 P.2d 197 (Colo. 1975). “The principal factor relied upon by the court of appeals in holding that the right of survivorship superseded the conveyance in this case is our recording statute which reads: “All deeds, powers of attorney, agreements or other instruments in writing, conveying, encumbering or…”
Jacquez v. Jacquez, 694 P.2d 1292 (Colo. Ct. App. 1984). “Finding the contract to be unenforceable and ineffective for a variety of reasons, only one of which need be considered here, the trial court held that the deed conveyed an undivided one eighth interest in the property to each of the children, and ordered the property sold on…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.