C.R.S. Section 38-36-188
Defendants to indemnity suit

  • judgment
  • how collected

(1)

If such action is for recovery for loss or damage arising only through any omission, mistake, or misfeasance of the registrar of titles, or his deputies, or of any examiner of titles, or any clerk of court, or his deputy in the performance of their respective duties under the provisions of this article, the county treasurer shall be the sole defendant to such action. If such action is brought for loss or damage arising only through the fraud or wrongful act of some person other than the registrar or his deputies, the examiners of title, the clerk of the court, or his deputies, or arising jointly through the fraud or wrongful act of such other persons, and the omission, mistakes, or misfeasance of the registrar of titles or his deputies, the examiners of titles, or the clerk of the court, or his deputies, such action shall be brought against both the county treasurer and such persons.

(2)

In all such actions where there are defendants other than the county treasurer and damages have been recovered, no final judgment shall be entered against the county treasurer until execution against the other defendants shall be returned unsatisfied in whole or in part, and the officer returning the execution shall certify that the amount still due upon the execution cannot be collected except by application to the indemnity fund. Thereupon, the court, being satisfied as to the truth of such return, shall order final judgment against the treasurer for the amount of the execution and costs, or so much thereof as remains unpaid. The county treasurer shall, upon such order of the court and final judgment, pay the amount of such judgment out of the assurance fund. It is the duty of the county attorney to appear and defend all such actions. If the funds in the assurance fund at any time are insufficient to pay any judgment in full, the balance unpaid shall draw interest at the legal rate of interest and be paid with such interest out of the first funds coming into said fund.

Source: Section 38-36-188 — Defendants to indemnity suit - judgment - how collected, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑36‑101
Application to register title - by whom made
38‑36‑102
Lesser estates - when registered
38‑36‑103
When tax title may be registered
38‑36‑104
Contents of application
38‑36‑105
What lands may be joined in one application
38‑36‑106
Amendment of application
38‑36‑107
Form of application
38‑36‑108
Application made to district court - powers of court
38‑36‑109
Registrars of titles - rules
38‑36‑110
Bond of registrar
38‑36‑111
Duties of deputy registrar - vacancies
38‑36‑112
Registrar not to practice law - neglect of duty
38‑36‑113
Examiner of titles - compensation - oath or affirmation - bond
38‑36‑114
Nonresident applicant to appoint process agent
38‑36‑115
Filing and service of application - land registration docket
38‑36‑116
Abstract of title filed with application
38‑36‑117
Copy of application filed with county clerk and recorder - lis pendens
38‑36‑118
Examination of application and abstract - report of examiner
38‑36‑119
Issuance of summons
38‑36‑120
Parties plaintiff and defendant - unknown claimants
38‑36‑121
Contents of summons - service
38‑36‑122
Clerk to mail copy of summons and other notices
38‑36‑123
Form of summons
38‑36‑124
When guardian ad litem appointed - compensation
38‑36‑125
Who may answer - contents of answer
38‑36‑126
Decree, when no answer filed - binds unknown claimants
38‑36‑127
Cause set for trial - default - referee appointed
38‑36‑128
Court may order further proof
38‑36‑129
Title not proper for registration dismissed - applicant may dismiss
38‑36‑130
Decree of confirmation - effect - appeal
38‑36‑131
When decree may be opened
38‑36‑132
Action to recover land - limitation
38‑36‑133
Certificate of title insures freedom from encumbrance - exceptions
38‑36‑134
Contents of decree - certified copy filed
38‑36‑135
Party acquiring interest after application filed made defendant
38‑36‑136
Registered land to remain under this article unless removed from registration
38‑36‑137
No title by prescription or adverse possession
38‑36‑138
Title to be registered - register of titles
38‑36‑139
Contents and form of certificate of registration
38‑36‑140
Owner’s duplicate certificate of ownership - signature of owner
38‑36‑141
Two or more owners
38‑36‑142
Subsequent certificates
38‑36‑143
Exchange of certificates - platting land
38‑36‑144
When certificate takes effect
38‑36‑145
Certificates in evidence - variance
38‑36‑146
Indexes kept by registrar - adoption of forms
38‑36‑147
Tract and alphabetical indexes kept by registrar
38‑36‑148
Registered land may be conveyed or encumbered
38‑36‑149
Effect of recording instruments
38‑36‑150
Records - open to inspection
38‑36‑151
Duplicates - certified copies
38‑36‑152
Title not divested - interests less than freehold
38‑36‑153
When owner’s certificate must be presented - effect of presentation
38‑36‑154
Certified copy of owner’s duplicate certificates
38‑36‑155
Mode of conveying registered land
38‑36‑156
Certificate that taxes have been paid
38‑36‑157
Registered land subject to same laws as unregistered land
38‑36‑158
Powers of attorney
38‑36‑159
Encumbrances must be registered
38‑36‑160
Trust deed deemed a mortgage - how registered
38‑36‑161
Assignment, cancellation, and release of mortgage
38‑36‑162
Foreclosure of mortgage
38‑36‑163
Registration of final decree - new certificate issued
38‑36‑164
Title acquired by action registered - when certificate issues
38‑36‑165
Petition to court for new certificate
38‑36‑166
Registration of leases
38‑36‑167
How transfer in trust registered
38‑36‑168
New trustee - new certificate
38‑36‑169
Trustee may apply for registration of land
38‑36‑170
Certificate of title number on all filings and registrations
38‑36‑171
How attachments, liens, and other rights enforced
38‑36‑172
Name and address of plaintiff’s attorney
38‑36‑173
When judgment becomes a lien
38‑36‑174
Title acquired by execution - new certificate issued
38‑36‑175
Action disposed of - memorial canceled
38‑36‑176
Petition and order for new certificate after redemption period
38‑36‑177
When certificate will issue to heir or devisee
38‑36‑178
Sale or mortgage of lands in probate
38‑36‑179
Trustees to file copy of authority - effect
38‑36‑180
Eminent domain - fees - reversion
38‑36‑181
Issuance of new certificate - amendment of duplicates
38‑36‑182
Court may refer application to examiner of titles
38‑36‑183
Examiner of titles to advise registrar - other powers
38‑36‑184
Requirements of instruments filed for registration
38‑36‑185
Adverse claim - filed - hearing - costs
38‑36‑186
Fees paid registrar upon registration - disposition
38‑36‑187
Indemnity for loss due to mistake or misfeasance
38‑36‑188
Defendants to indemnity suit - judgment - how collected
38‑36‑189
When assurance fund not liable - maximum judgment
38‑36‑190
Action must be brought within six years - exception
38‑36‑191
Alteration of certificate only on order of court
38‑36‑192
Theft of certificate
38‑36‑193
Perjury
38‑36‑194
Fraudulently procuring certificate a felony
38‑36‑195
Forging seal or signature a felony
38‑36‑196
Remedy against one criminally liable not affected
38‑36‑197
Docket fees - expenses of publication
38‑36‑198
Fees to be paid registrar - application of fees
38‑36‑199
Article liberally construed
38‑36‑201
Short title
38‑36‑202
Definitions
38‑36‑203
Registration - adverse instruments
38‑36‑204
Registration - conveyance instruments - recording
38‑36‑205
Certificate of title - recording - notice
38‑36‑206
Recording fees - waived
38‑36‑207
New chain of record
38‑36‑208
Effect of recording
38‑36‑209
Rights
38‑36‑210
Voluntary withdrawals
38‑36‑211
Maintenance of records
Green check means up to date. Up to date

Current through Fall 2024

§ 38-36-188’s source at colorado​.gov