(1) Except as provided in sections 38- 39-202 and 38-39-204, any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due as shown by such mortgage or deed of trust recorded in the office of the county clerk and recorder of the county wherein the property is located.
(2) If the date on which the final payment or performance is due cannot be determined from the information contained in the recorded mortgage or deed of trust, such date shall, for the purpose of this article, be considered to be the date of the recorded instrument or, if the instrument is undated, the date the instrument was first recorded, notwithstanding anything in any other instrument or any unrecorded instrument to the contrary.
Source: L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.
Editor's note: This section is similar to former §§ 38-40-101 and 38-40-106, as they existed prior to 1990.
Notes of Decisions
Mortg. Investments Corp. v. Battle Mountain Corp., 70 P.3d 1176 (Colo. 2003).
· cites it 2× “Under section 38-39-201(2), "[if the date on which final payment or performance is due cannot be determined from the information contained in the recorded mortgage or deed of trust, such date shall, for the purpose of this article, be considered to be the date of the recorded…”
Deutsche Bank Trust Co. Americas v. Samora, 321 P.3d 590 (Colo. Ct. App. 2013).
· cites it 2× “"); § 38-39-201(1), CRS. 2012 ("[Any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due.”
Mortg. Investments Corp. v. Battle Mountain Corp., 56 P.3d 1104 (Colo. Ct. App. 2002).
· cites it 3× “Section 38-39-201(1), C.R.S8.2000, provides in relevant part, "any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due.”
In re Eastman, 588 B.R. 600 (Bankr.D. Colo. 2018).
· cites it 2× “Section 38-39-201 provides any lien on real property created by a mortgage shall cease to be a lien, fifteen years after the date on which the final payment is due.”
United States v. Kalevik, 398 F. Supp. 2d 1152 (D. Colo. 2005).
· cites it 2× “See Colo.Rev.Stat. § 38-39-201 (2003); ' USA’s Exhibit 17 (Mortgage Guarantee from First American Title Insurance Company for Englewood Property), Bates Stamp 317.”
Colo. Rev. Stat. § 38-39-201(1): 2 cases
Deutsche Bank Trust Co. Americas v. Samora, 321 P.3d 590 (Colo. Ct. App. 2013).
“"); § 38-39-201(1), CRS. 2012 ("[Any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due.”
Mortg. Investments Corp. v. Battle Mountain Corp., 56 P.3d 1104 (Colo. Ct. App. 2002).
“Section 38-39-201(1), C.R.S8.2000, provides in relevant part, "any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due.”
Colo. Rev. Stat. § 38-39-201(2): 1 case
Mortg. Investments Corp. v. Battle Mountain Corp., 70 P.3d 1176 (Colo. 2003).
“Under section 38-39-201(2), "[if the date on which final payment or performance is due cannot be determined from the information contained in the recorded mortgage or deed of trust, such date shall, for the purpose of this article, be considered to be the date of the recorded…”
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