C.R.S. Section 38-29-112
Certificate of title

  • transfer

(1)

Upon the sale or transfer of a manufactured home for which a certificate of title has been issued, the person in whose name said certificate of title is registered, if he is other than a dealer, shall, in his own person or by his duly authorized agent or attorney, execute a formal transfer of the home described in the certificate, which transfer shall be affirmed by a statement signed by the person in whose name said certificate of title is registered or by his duly authorized agent or attorney and shall contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. The purchaser or transferee, within thirty days thereafter, shall present such certificate, duly transferred, together with his application for a new certificate of title to the director or one of his authorized agents, accompanied by the fee required in section 38-29-138 to be paid for the issuance of a new certificate of title; whereupon, a new certificate of title shall be issued and disposition thereof made as required in this article.

(1.3)

Prior to the sale or transfer of a manufactured home for which a certificate of title has been issued, a holder of a mortgage that is the legal holder of certificate of title shall provide a copy of the certificate of title to any title insurance agent, title insurance company, or financial institution requesting information related to the payoff of the mortgage within fourteen days of the request.

(1.5)

The purchaser or transferee of a manufactured home that becomes permanently affixed at an existing site or is transported to a site and is permanently affixed to the ground so that it is no longer capable of being drawn over the public highways shall present a certificate of transfer as required in subsection (1) of this section, together with his or her application for purging a manufactured home title and a certificate of permanent location, to the authorized agent of the county or city or city and county in which such manufactured home is located. The manufactured home shall become real property upon the filing and recording of the certificate of permanent location in accordance with section 38-29-202. The provisions of articles 30 to 44 of this title and of any other law of this state shall be applicable to manufactured homes that have become real property pursuant to this subsection (1.5) and to instruments creating, disposing of, or otherwise affecting such real property wherever such provisions would be applicable to estates, rights, and interests in land or to instruments creating, disposing of, or otherwise affecting estates, rights, and interest in land. The manufactured home for which a Colorado certificate of title has been issued shall continue to be valued and taxed separately from the land on which it sits until such time that the manufactured home becomes real property pursuant to this subsection (1.5).

(1.7)

Intentionally left blank —Ed.

(a)

If the conditions set forth in paragraph (b) of this subsection (1.7) are met, the legal holder of the certificate of title, within forty-five days, shall deliver to the title insurance agent who is the settlement agent related to the sale of the manufactured home the certificate of title or evidence that the holder has lost the certificate of title and requested a duplicate from the department. The holder shall mail or otherwise deliver the duplicate certificate of title to the title insurance agent within five business days of receipt from the department. Upon receipt from the holder, the title insurance agent shall present the certificate of title to the person in whose name the certificate of title is issued or his or her authorized agent or attorney to allow such person to execute a formal transfer as required by subsection (1) of this section.

(b)

The provisions of paragraph (a) of this subsection (1.7) shall apply if:

(I)

A title insurance agent acts as a settlement agent related to the sale of a manufactured home;

(II)

The manufactured home that is sold is the subject of one or more mortgages that have been filed pursuant to section 38-29-128; and

(III)

All holders of a mortgage on the manufactured home that have been filed pursuant to section 38-29-128 have been paid in full from the proceeds of the sale.

(2)

Any person who violates any of the provisions of subsection (1) of this section commits a class 2 misdemeanor.

(3)

Any person who violates the provisions of subsection (1.3) or (1.7) of this section shall be liable to an injured person for any actual economic damages caused by the violation, to be recovered in a civil action in a court of competent jurisdiction.

Source: Section 38-29-112 — Certificate of title - transfer, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑29‑101
Short title 38‑29‑102
Definitions 38‑29‑103
Application 38‑29‑104
Administration 38‑29‑105
Authorized agents 38‑29‑106
Sale or transfer of manufactured home 38‑29‑107
Applications for certificates of title 38‑29‑108
Where application for certificates of title made - procedure 38‑29‑109
Director may refuse certificate, when 38‑29‑110
Certificates of title - contents 38‑29‑111
Disposition of certificates of title 38‑29‑112
Certificate of title - transfer 38‑29‑113
Lost certificates of title 38‑29‑114
New manufactured homes - bill of sale - certificate of title 38‑29‑115
Sale to dealers - certificate need not issue 38‑29‑116
Transfers by bequest, descent, law 38‑29‑117
Certificates for manufactured homes registered in other states 38‑29‑118
Surrender and cancellation of certificate - purge of certificate - penalty for violation 38‑29‑119
Furnishing bond for certificates 38‑29‑120
Where to apply for certificate of title 38‑29‑121
Altering or using altered certificate 38‑29‑122
Substitute manufactured home identification numbers - inspection 38‑29‑123
Assignment of a special manufactured home identification number by the department of revenue 38‑29‑124
Amended certificate to issue, when 38‑29‑125
Security interests upon manufactured homes 38‑29‑126
Existing mortgages not affected 38‑29‑127
Foreign mortgages 38‑29‑128
Filing of mortgage 38‑29‑129
Disposition of mortgages by agent 38‑29‑130
Disposition after mortgaging 38‑29‑131
Release of mortgages 38‑29‑132
New certificate upon release of mortgage 38‑29‑133
Duration of lien of mortgage - extensions 38‑29‑134
Priority of mortgages 38‑29‑135
Second or other junior mortgages 38‑29‑136
Validity of mortgage between parties 38‑29‑137
Mechanics’, warehouse, and other liens 38‑29‑138
Fees 38‑29‑139
Disposition of fees 38‑29‑140
Director’s records to be public 38‑29‑141
Penalties 38‑29‑141.5
False oath 38‑29‑142
Repossession of manufactured home - owner must notify law enforcement agency - penalty 38‑29‑143
Change of location - penalty 38‑29‑201
Verification of application form - supporting materials 38‑29‑202
Certificate of permanent location 38‑29‑203
Certificate of removal 38‑29‑204
Certificate of destruction 38‑29‑205
Authorized agent - forward to the clerk and recorder 38‑29‑206
Recorded documents - index 38‑29‑207
Copy of certificates to assessor 38‑29‑208
Affidavit of real property 38‑29‑209
Fees - disposition
Green check means up to date. Up to date

Current through Fall 2024

§ 38-29-112’s source at colorado​.gov