Colorado Revised Statutes
Colo. Rev. Stat. § 38-39-207 (2026)
Lien extinguished when action barred
✓ current as of July 2026
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The lien created by any instrument shall be extinguished, regardless of any other provision in this article to the contrary, at the same time that the right to commence a suit to enforce payment of the indebtedness or performance of the obligation secured by the lien is barred by any statute of limitation of this state.
Source: L. 90: Entire article R&RE, p. 1678, § 3, effective October 1. Editor's note: This section is similar to former § 38-40-112, as it existed prior to 1990.
Notes of Decisions
Cited in 10
cases, 1992–2019 · leading case: Cache Nat'l Bank v. Lusher, 882 P.2d 952 (Colo. 1994).
Cache Nat'l Bank v. Lusher, 882 P.2d 952 (Colo. 1994). “We base this holding on the language of section 38-39-207, 16A C.R.S. (1993), concerning extinguishment of liens, and on the terms of the original promissory note and deed of trust.”
Mortg. Investments Corp. v. Battle Mountain Corp., 70 P.3d 1176 (Colo. 2003). “Second, section 38-39-207, 10 C.R.S. (2002), extinguishes the lien of the deed of trust if an action to enforce the promissory note is not brought within six years of default; conversely; if an action to enforce the promissory note is brought within six years of default and a…”
Oldham v. Pedrie, 2015 COA 95 (Colo. Ct. App. 2015). “¶24       We also reject the contention of the Oldhams and the Estate that, because Pedrie did not contest the disallowance of his claims in the Michigan court, the 1976 Deed of Trust was extinguished under section 38-39-207, C.R.S. 2014. That statute provides that liens…”
LPP Mortg. Ltd. v. Hotaling, 497 F. Supp. 2d 1217 (D. Colo. 2007). “It is undisputed that under Colorado law, or under § 2415(a), the statute of limitations for a suit to enforce the promissory note given by the Hotalings to the SBA has expired. Under Colorado law, a lien created by any instrument is extinguished when the right to commence a…”
Application of Church, 833 P.2d 813 (Colo. Ct. App. 1992). “Under these circumstances, the note and the deed of trust securing the note are not extinguished, see § 38-39-207, C.R.S. (1991 Cum.Supp.), and the Churches are not precluded from maintaining a foreclosure action based thereon.”
Rossi v. Osage Highland Dev., LLC, 219 P.3d 319 (Colo. Ct. App. 2009). “Although we have rejected this theory, we have done so only by deciding, as a matter of first impression, that a lien cannot be revived once extinguished by section 38-39-207. See Maria Massaro Guttenberg, When Do Deeds of Trust Bite the Dust?, 27 Colo.”
n v. Weidner Holdings, LLC, 2019 COA 186 (Colo. Ct. App. 2019). “See § 38-39-207, C.R.S. 2019 (“The lien created by any instrument shall be 20 extinguished, regardless of any other provision in this article to the contrary, at the same time that the right to commence a suit to enforce payment of the indebtedness or performance of the…”
Bank of New York v. Peterson, 2018 COA 174 (Colo. Ct. App. 2018). “2018 (If a due date is accelerated, an action must be brought “within six years after the accelerated due date.”
Mortg. Investments Corp. v. Battle Mountain Corp., 56 P.3d 1104 (Colo. Ct. App. 2002). “Given this analysis, we do not address Battle Mountain's additional contention that § 38-39-207, C.R.8.2000 applies to bar Mortgage Investments' foreclosure of its deed of *1112 trust when no action was taken to foreclose within six years after the note was reduced to judgment.”
United States v. Kalevik, 398 F. Supp. 2d 1152 (D. Colo. 2005). “5, § 13-80-108, and § 38-39-207 (2003)). The USA’s federal tax liens have priority over the interests of all other creditors with respect to the Englewood Property.”
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