Colo. Rev. Stat. § 38-30-117

Current through Chapter 123 of the 2024 Legislative Session

Section 38-30-117 - Mortgages - short form - acknowledgment - effect

(1) A mortgage of real property may be substantially in the following form:

.................., whose address is ........................, County of ........................ and State of ........................, hereby mortgage(s) to .................., whose address is ........................, County of ........................ and State of ........................, to secure the payment of .................. dollars due as follows: .................. the following described real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances, and warrant(s) the title to the same, subject to ...........................

Signed this .................. day of .................., 20.....

...................................

(2) Such mortgage may be acknowledged in accordance with section 38-35-101. Failure to state the address or the county or state of residence of the grantor or grantee shall not affect the validity of such mortgage.

(3) Every mortgage in substance in the above form, when properly executed, is a mortgage to secure the payment of the money specified in the mortgage, with covenants as expressed in section 38-30-113 (4)(a), but if the words "and warrant(s) the title to the same" are omitted, no such covenants are implied.

C.R.S. § 38-30-117

Amended by 2019 Ch. 18, § 3, eff. 3/7/2019.

L. 17: p. 160, § 4. C.L. § 4882. CSA: C. 40, § 14. CRS 53: § 118-1-17. L. 55: p. 718, § 2. L. 61: p. 639, § 2. C.R.S. 1963: § 118-1-17. L. 2019: (3) amended, (HB 19 -1098), ch. 68, p. 68, § 3, effective March 7.

Section 6 of chapter 18 (HB 19-1098), Session Laws of Colorado 2019, provides that the act changing this section applies to deeds for the conveyance of real property that are executed on or after March 7, 2019.