C.R.S. Section 42-6-129
Second or other junior mortgages

(1)

On and after July 1, 1977, a person who takes a junior mortgage on a motor or off-highway vehicle for which a Colorado certificate of title has been issued or filed may file the mortgage for public record and have the existence of the mortgage noted or filed on the certificate of title with like effect as in other cases, as required by this section.

(2)

The junior mortgagee or the holder of the mortgage shall file the mortgage as required by section 42-6-121 with the authorized agent of the county where the mortgagor of the motor or off-highway vehicle resides or where the vehicle is located with a written request to have the existence of the mortgage noted or filed on the certificate of title records of the authorized agent pertaining to the vehicle covered by the junior mortgage. Upon the filing of the mortgage, the authorized agent shall note in the record of the vehicle the day and hour when the mortgage was received by the agent, shall make and deliver a receipt for the mortgage to the person filing the mortgage, and shall file the mortgage as required under section 42-6-122. If there is more than one mortgage or lien on the motor or off-highway vehicle, the department’s authorized agent may electronically transmit the mortgage or lien to the first mortgage or lienholder and notify the first mortgage or lienholder of any additional mortgages or liens.

(3)

The director’s 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 the person’s 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 on the certificate 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 director’s authorized agent or, if the person no longer has possession of the certificate, shall so notify the agent and, if the person knows, shall likewise inform the agent where and from whom such certificate may be procured. Upon the receipt of such certificate, the director’s authorized agent shall complete an application for a new title and record the number thereof on the mortgage, as in the case of a first mortgage, and shall, as in the case of a first mortgage, issue and file a new certificate of title on which record the existence of all mortgages on the motor vehicle, including such second or junior mortgage, have been noted.

(4)

If a person lawfully in possession of a certificate of title to a motor or off-highway vehicle, upon whom demand is made for the delivery to the authorized agent, fails to deliver or mail the certificate of title to the authorized agent, the person is liable to the holder of the junior mortgage for all damage sustained by reason of the omission.

Source: Section 42-6-129 — Second or other junior mortgages, 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

§ 42-6-129’s source at colorado​.gov