(1) For the purposes of this article:
(a) A transfer is made:
(I) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(II) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee.
(2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action.
(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee.
(4) A transfer is not made until the debtor has acquired rights in the asset transferred.
(5) An obligation is incurred:
(a) If oral, when it becomes effective between the parties; or
(b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
Source: L. 91: Entire article added, p. 1686, § 1, effective July 1.
Editor's note - Colorado legislative change: This section was numbered as section 6 in the uniform act.
Notes of Decisions
Sands v. New Age Fam. P'ship, Ltd., 897 P.2d 917 (Colo. Ct. App. 1995).
· cites it 4× “See § 38-8-107, C.R.S. (1994 Cum.Supp.) (Comment 3) (“An obligation may be avoided as fraudulent under this Act if it is incurred under the circumstances specified in [§ 38-8-105(1) ] or [§ 38-8-106(1) ]”).”
Tiger v. Anderson, 976 P.2d 308 (Colo. Ct. App. 1998).
· cites it 3× “Section 38-8-107(l)(a)(I), C.R.S.1997, provides that a transfer of real property is made: [W]hen the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest…”
Krol v. Unglaub (In Re Unglaub), 332 B.R. 303 (Bankr. N.D. Ill. 2005).
“Prior to the recording, Nancy was merely in possession of a promissory note that Robert executed and the unrecorded Mortgage. She did not have a recorded secured interest in the Colorado Property.”
Can IV Packard Square LLC v. Harbor Real Est. Co., L.L.C. (D. Colo. 2025).
· cites it 2× “Under CUFTA, a transfer of real property occurs when it is “so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the…”
— Colo. Rev. Stat. § 38-8-107(1)(a)(I) — 1 case
Krol v. Unglaub (In Re Unglaub), 332 B.R. 303 (Bankr. N.D. Ill. 2005).
“Prior to the recording, Nancy was merely in possession of a promissory note that Robert executed and the unrecorded Mortgage. She did not have a recorded secured interest in the Colorado Property.”
— Colo. Rev. Stat. § 38-8-107(5)(b) — 1 case
Sands v. New Age Fam. P'ship, Ltd., 897 P.2d 917 (Colo. Ct. App. 1995).
“See § 38-8-107, C.R.S. (1994 Cum.Supp.) (Comment 3) (“An obligation may be avoided as fraudulent under this Act if it is incurred under the circumstances specified in [§ 38-8-105(1) ] or [§ 38-8-106(1) ]”).”
— Colo. Rev. Stat. § 38-8-107(l)(a)(I) — 1 case
Tiger v. Anderson, 976 P.2d 308 (Colo. Ct. App. 1998).
“Section 38-8-107(l)(a)(I), C.R.S.1997, provides that a transfer of real property is made: [W]hen the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest…”
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