C.R.S. Section 38-35-101

  • form
  • prima facie evidence


No officer authorized to take acknowledgments of instruments affecting title to real property shall take or certify such acknowledgments unless the person making the same is personally known to such officer to be the identical person he represents himself to be or is proved to be such by at least one credible person known to such officer. It shall not be necessary to state such fact in his certificate of acknowledgment attached to any instrument affecting title to real property.


Any deed or other instrument relating to or affecting title to real property acknowledged substantially in accordance with the following form before a proper official shall be prima facie evidence of the proper execution thereof:
County of ................................................)
The foregoing instrument was acknowledged before me this ........ day of ................, 20...., by .................................................................................................................... .
(if by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the president or other officers of such corporation, naming it). If acknowledgment is taken by a notary public, the date of expiration of his commission shall also appear on the certificate.
Witness my hand and official seal.
Title of Officer


As to any instrument acknowledged substantially in accordance with the above form of acknowledgment, such acknowledgment shall be prima facie evidence:


That the person named therein as acknowledging the instrument appeared in person before the official taking the acknowledgment and was personally known to such official to be the person whose name was subscribed to the instrument and that such person acknowledged that he signed the instrument as his free and voluntary act for the uses and purposes therein set forth;


If the acknowledgment is by a person in a representative or official capacity, that the person acknowledging the instrument acknowledged it to be his free and voluntary act in such capacity or as the free and voluntary act of the principal, person, or entity represented;


If the person acknowledging is an officer of a corporation, that such person was known to the official taking the acknowledgment to be such corporate officer and that the instrument was executed and acknowledged by such corporate officer, with proper authority from the corporation, as the act of such corporation;


If the persons acknowledging are directors, trustees, or managers of a dissolved or expired corporation, acting last before the time of the dissolution or expiration of such corporation, or the survivors of them, that such persons were such corporate directors, trustees, or managers, or the survivors of them, and that the instrument was executed and acknowledged by them with proper authority;


If the person acknowledging is a partner, that such person was such partner and that the instrument was executed and acknowledged by such partner with proper authority from such partnership as the act of such partnership.


If such instrument has been acknowledged in the manner provided in this section and has been recorded in the office of the proper county clerk and recorder, it shall also be prima facie evidence of due delivery of such instrument, irrespective of the length of time that may have elapsed between the date of such instrument and the date when such instrument was so recorded. The provisions of this section shall relate and apply to all instruments which have been executed prior to May 4, 1937, as well as to all instruments which are executed after said date, irrespective of whether such instruments have been acknowledged before or after said date and irrespective of whether such instruments are recorded before or after said date.


The seal required to be affixed to a deed or other instrument under the provisions of this section may consist of a rubber stamp with a facsimile affixed thereon of the seal required to be used and may be placed or stamped upon the deed or other instrument requiring the seal with indelible ink.

Source: Section 38-35-101 — Acknowledgments - form - prima facie evidence, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

Acknowledgments - form - prima facie evidence
When unacknowledged instruments prima facie evidence
Acknowledgment before notary
Acknowledged instruments as evidence
Foreign instruments, prima facie evidence
Deeds - acknowledgment, absent or defective - notice - deemed proper, when
Written instruments - information regarding property description
Recitals in deeds prima facie evidence - when
Reference to some other instrument affects only the parties thereto
Instrument may be recorded - validity of unrecorded instruments - liability for fraudulent documents
Recording of instruments conveying real property to public entities
Lis pendens as notice - issuance of certificate - expiration
Option to purchase - notice for one year only
Certificate of death when properly recorded may be admitted as evidence
Affidavits referring to death, intestacy, heirship, accepted as prima facie evidence
Actions - parties to be named
Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment
Variances in names in instruments affecting the title to real property
Mortgages, not a conveyance - lien theory
Homestead, how conveyed - claimant insane
Release not a conveyance
Record of first and last parcels includes intervening parcels
Conveyance or reservation of a mineral interest - geothermal resources
Inclusion of street address and assessor information with legal description - effect - validity of recording - interests in property - legislative declaration
Liens - notice - current address
Requirements upon satisfaction of indebtedness
Effect of written payoff statement
Closing and settlement services - disbursement of funds
Contract for deed - escrow of tax moneys - written notice
Unenforceability of prospective residential transfer fee covenants - notice requirements for existing residential transfer fee covenants - written statement of transfer fee payable - affidavit - legislative declaration - definitions
Recording or filing
Action to enforce
Order to show cause
Green check means up to date. Up to date

Current through Fall 2024

§ 38-35-101’s source at colorado​.gov