C.R.S. Section 42-6-121
Filing of mortgage

  • rules

(1)

The holder of a chattel mortgage on a motor or off-highway vehicle desiring to secure the rights provided for in this part 1 and to have the existence of the mortgage and the fact of the filing of the mortgage noted in the filing of the certificate of title to the encumbered vehicle must present the signed original or signed duplicate of the mortgage or copy of the mortgage and the certificate of title or application for certificate of title to the vehicle encumbered to the authorized agent of the director in the county or city and county in which the mortgagor of the vehicle resides or where the vehicle is located. The holder may file either with paper documents or electronically. The mortgage or refinancing of a loan secured by a mortgage must state the name and address of the debtor; the name and address of the mortgagee or name of the mortgagee’s assignee; the make, vehicle identification number, and year of manufacture of the mortgaged vehicle; and the date and amount of the loan secured by the mortgage. An owner of a motor or off-highway vehicle applying for a certificate of title under section 42-6-115, 42-6-116, or 42-6-119 is deemed to have filed under this section on behalf of the mortgage or lienholder.

(2)

Intentionally left blank —Ed.

(a)

Upon the receipt of the electronic, original, or duplicate mortgage and certificate of title or application for certificate of title, the authorized agent, if satisfied that the vehicle described in the mortgage is the same as that described in the certificate of title or filed title, shall file within the director’s authorized agent’s motor and off-highway vehicle database:

(I)

Notice of the mortgage or lien, in which appears the day on which the mortgage was received for filing;

(II)

The name and address of the mortgagee named and the name and address of the holder of the mortgage, if the holder is not the named mortgagee;

(III)

The amount secured by the vehicle;

(IV)

The date of the mortgage;

(V)

The day and year on which the mortgage was filed; and

(VI)

Any other information regarding the filing of the mortgage in the office of the director’s authorized agent as may be required by the director by rule.

(b)

The director’s authorized agent shall electronically transmit, when the director’s authorized agent uses an electronic filing system, the certificate of title, application for certificate of title, and mortgage information to the database of the director for maintenance of a central registry of motor and off-highway vehicle title information pursuant to section 42-6-147.

(3)

A mortgage is deemed to be a signed original or a signed duplicate if the signature appearing on a certificate of title or application for certificate of title was affixed personally by the mortgagor or the mortgagor’s attorney-in-fact, in ink, in carbon, or by any other means.

(4)

For purposes of liens created pursuant to section 14-10-122 (1.5), C.R.S., the lien shall contain the information set forth in this section as well as any additional information required in section 14-10-122 (1.5)(f), C.R.S.

(5)

The lien or mortgage shall be perfected pursuant to section 42-6-120 on the date all documents required by subsection (1) of this section, including, without limitation, the signed original or signed duplicate of the mortgage or a copy containing the information required by subsection (1) of this section, are received by the authorized agent and payment is tendered on the fee imposed by section 42-6-137 (2).

Source: Section 42-6-121 — Filing of mortgage - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑6‑101
Short title
42‑6‑102
Definitions
42‑6‑103
Application
42‑6‑104
Administration - rules
42‑6‑106
Certificates of registration - plates
42‑6‑107
Certificates of title - contents - rules
42‑6‑109
Sale or transfer of vehicle - program
42‑6‑110
Certificate of title - transfer - department records - rules - definition
42‑6‑110.5
Certificates of title - arrangements for transfer of title upon death - beneficiary designation forms - definitions
42‑6‑111
Sale to dealers - certificate need not issue
42‑6‑112
Initial registration of a vehicle - dealer responsibility to timely forward certificate of title to purchaser or holder of a chattel mortgage - penalty
42‑6‑113
New vehicles - bill of sale - certificate of title - rental businesses - rules
42‑6‑114
Transfers by bequest, descent, or law
42‑6‑115
Furnishing bond for certificates
42‑6‑116
Applications for filing of certificates of title - rules
42‑6‑117
Filing of certificate
42‑6‑118
Amended certificate
42‑6‑119
Certificates for vehicles registered in other states
42‑6‑120
Security interests upon vehicles
42‑6‑121
Filing of mortgage - rules
42‑6‑122
Disposition of mortgages by agent - rules
42‑6‑123
Disposition after mortgaging
42‑6‑124
Disposition of certificates of title
42‑6‑125
Release of mortgages - rules
42‑6‑126
New certificate upon release of mortgage
42‑6‑127
Duration of lien of mortgage - extensions - rules
42‑6‑128
Validity of mortgage between parties
42‑6‑129
Second or other junior mortgages
42‑6‑130
Priority of secured interests
42‑6‑131
Mechanic’s, warehouse, and other liens
42‑6‑133
Foreign mortgages and liens
42‑6‑134
Where application for certificates of title made
42‑6‑135
Lost certificates of title
42‑6‑136
Surrender and cancellation of certificate - penalty for violation
42‑6‑136.5
Salvage title
42‑6‑137
Fees
42‑6‑138
Disposition of fees
42‑6‑139
Registration and title application - where made
42‑6‑140
Registration upon becoming resident
42‑6‑141
Director’s records to be public
42‑6‑142
Penalties
42‑6‑143
Altering or using altered certificate
42‑6‑144
False oath
42‑6‑145
Use of vehicle identification numbers in applications - rules
42‑6‑146
Repossession of motor vehicle or off-highway vehicle - owner must notify law enforcement agency - definition - penalty
42‑6‑147
Central registry - rules
42‑6‑148
Off-highway vehicles - sales
42‑6‑201
Definitions
42‑6‑202
Prohibited acts - penalty
42‑6‑204
Private civil action
42‑6‑205
Consumer protection
42‑6‑206
Disclosure requirements upon transfer of ownership of a salvage vehicle - rules - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 42-6-121’s source at colorado​.gov