C.R.S. Section 38-29-208
Affidavit of real property

(1)

Any person can prove that a manufactured home and the land upon which it has been permanently affixed is real property by filing an affidavit of real property with the clerk and recorder for the county or city and county in which the manufactured home is located. The clerk and recorder shall file and record the affidavit of real property in his or her office. Except as otherwise set forth in subsection (2) of this section, the affidavit of real property shall include the following:

(a)

An acknowledged statement by all owners that the manufactured home and real property to which the manufactured home is permanently affixed became real property pursuant to this article;

(b)

A statement from the county assessor that the manufactured home has been valued together with the land upon which it is affixed;

(c)

A statement from the county treasurer that taxes have been paid on the manufactured home and the land upon which it is affixed in the same manner as other real property, as that term is defined in section 39-1-102 (14), C.R.S.;

(d)

Proof that a search of the director’s records pursuant to section 42-1-206, C.R.S., was conducted and that no certificate of title was found for the manufactured home; and

(e)

Verification that the manufactured home is permanently affixed to the ground in accordance with any applicable county or city and county codes or requirements so that it is no longer capable of being drawn over the public highways.

(2)

If a manufactured home occupies real property subject to a long-term lease that has an express term of at least ten years, then the affidavit of real property shall include the following:

(a)

A copy of the applicable long-term lease;

(b)

A statement from the county treasurer that taxes have been paid separately on the manufactured home and the land upon which it is affixed; and

(c)

The items set forth in paragraphs (a), (d), and (e) of subsection (1) of this section.

Source: Section 38-29-208 — Affidavit of real property, 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

§ 38-29-208’s source at colorado​.gov