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| Certificates of Title All motor vehicle certificates of title are subscribed by authorized officer or employee, and the seal of the department is affixed. The certificate is mailed to applicant, except as provided in section 42-6-124, and information of the facts are retained and appropriately indexed and filed in director's office. | ||
| Description of Lien on Title The certificate must also have noted thereon a description of every lien and encumbrance to which motor vehicle is subject, as appears in the application for the certificate of title or as is noted and shown to be unreleased upon any certificate of title issued after August 1, 1949, for such vehicle, including date of lien or encumbrance, original amount secured, person named as lienee or encumbrancee, and county in which the same appears of record, if it is of public record. The certificates are numbered consecutively by counties, beginning with number one. The certificate of title are be prima facie evidence of all of the matters therein contained and that the person in whose name said certificate is registered is the lawful owner of the vehicle therein described. See section 42-6-107 | ||
| Exclusive Method of
Perfecting Most Motor Vehicle Liens Any mortgage intended
by parties to encumber or create lien on motor vehicle, to be effective as a valid lien
against rights of third persons, purchasers for value without notice, mortgagees, or
creditors of owner, must be filed for public record and the fact noted on certificate of
title or bill of sale. The filing of such mortgage with the authorized agent and
notation by the agent of that fact on certificate of title substantially in manner
provided in section 42-6-121
constitutes notice to the world of rights of the person secured by mortgage. Dealer Inventory and Uniform Commercial Code Perfection of security interests in motor vehicles held for dealer inventory may be covered by the provisions of article 9 of title 4, C.R.S., the Uniform Commercial Code. See See Colorado Revised Statutes 42-6-120 |
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| Requirements To Secure Lien The holder of a chattel mortgage on motor vehicle desiring to secure rights, and to have the existence of mortgage and the fact of filing for public record noted on certificate of title to vehicle must present signed original or signed duplicate original, or copy of said mortgage certified by the holder of mortgage or agent and the certificate of title to the authorized agent of the director in county in which the mortgagor resides or where property is located. | ||
| Mortgage and Title Upon the receipt of documents, the authorized agent, if satisfied that vehicle described in mortgage is same as described in certificate of title, shall subscribe a certificate to be attached or stamped on mortgage and title, in which appears the day and hour of filing, name and address of mortgagee, and name and address of holder of mortgage, if different, amount secured, the date, the day and year mortgage was filed, and such other information regarding filing as may be required. See Colorado Revised Statutes 42-6-121 Also see Colorado Revised Statutes 14-10-122 which describes lien provisions for maintenance, support, and property disposition. | ||
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| Department of Revenue Motor Vehicle Division Motor Vehicle Titles, Room 146 1881 Pierce St., Lakewood, CO 80214 (303) 205-5608 Titles and Registrations Office Locations |
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| Colorado Revised Statutes | ||
| Colorado Uniform Consumer Credit Code Colorado Revised Statutes Sections 5-1-101 to 5-9-103 |
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| Notice To Law Enforcement If any mortgagee, assignee, or agent of either, repossesses a motor vehicle after default of a mortgage, repossessor must notify, verbally or in writing, a law enforcement agency of the repossession, name of owner, name of repossessor, and name of mortgagee or assignee. Such notification must be made at least one hour before, or no later than one hour after repossession occurs. If repossession takes place in incorporated city or town, notice must be made to police department, or other local enforcement agency of that city or town, and, if in unincorporated area of a county, notice must be to the county sheriff. See Colorado Revised Statutes section 42-6-146 | ||
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| Colorado Motor Vehicle Dealer Section | ||
| Dealer Licensing, Room 142 (303) 205-5604 |
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| Copyright © 1998 by LAWDOG.COM Publishing, Inc. | ||
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