C.R.S. Section 38-29-135
Second or other junior mortgages

(1)

On and after July 1, 1977, any person who takes a second or other junior mortgage on a manufactured home for which a Colorado certificate of title has been issued may file said mortgage for public record and have the existence thereof noted on the certificate of title with like effect as in other cases, in the manner prescribed in this section.

(2)

Such second or junior mortgagee or the holder thereof shall file said mortgage with the authorized agent of the county wherein the manufactured home is located and shall accompany said mortgage with a written request to have the existence thereof noted on the certificate of title to the manufactured home covered thereby, subscribed by such mortgagee or holder, in which shall appear the names and addresses of the holders of all outstanding mortgages against the home described in said second or junior mortgage and the name and address of the person in possession of the certificate of title thereto. Upon the filing of such mortgage, the authorized agent shall note thereon the day and hour on which such mortgage was received by him and shall make and deliver a receipt therefor to the person filing the same.

(3)

The authorized agent, by registered mail, return receipt requested, shall make a written demand on the holder of the certificate of title, addressed to such person at his address as the same may appear in said written request, that such certificate be delivered to the authorized agent for the purpose of having noted thereon such second or junior mortgage. Within fifteen days after the receipt of such demand, the person holding such certificate shall either mail or deliver the same to such authorized agent or, if he no longer has possession thereof, shall so notify the agent and, if he knows, shall likewise inform him where and from whom such certificate may be procured. Upon the receipt of such certificate, the authorized agent shall complete his application for a new title and record the number thereof on the mortgage, as in the case of a first mortgage, and shall thereafter transmit the current certificate of title and application for a new certificate of title to the director. Upon the receipt thereof, the director, as in the case of a first mortgage, shall thereupon issue a new certificate of title on which the existence of all mortgages on the manufactured home, including such second or junior mortgage, have been noted, which certificate he shall dispose of as in other cases.

(4)

If any person lawfully in possession of a certificate of title to any manufactured home upon whom demand is made for the delivery thereof to the authorized agent omits, for any reason whatsoever, to deliver or mail the same to the authorized agent, such person shall be liable to the holder of such second or junior mortgage for all damage sustained by reason of such omission.

Source: Section 38-29-135 — Second or other junior mortgages, 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

§ 38-29-135’s source at colorado​.gov