DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Colorado

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Colorado, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/colorado · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkClaimants must serve a notice of intent at least 10 days before recording the lien statement.

Colorado at a Glance

Topic Colorado answer Where it comes from
Notice of intent Serve the owner and prime contractor at least 10 days before recording the lien statement C.R.S. 38-22-109
Lien statement deadline 4 months after last work or materials (day or piece laborers: 2 months after completion of the improvement) C.R.S. 38-22-109
Suit deadline Sue and record notice of the action within 6 months after last work or completion C.R.S. 38-22-110
Priority Liens relate back to the commencement of work on the whole improvement; prior recorded encumbrances win C.R.S. 38-22-106
Bond 1.5 times the lien plus costs, approved by the district court C.R.S. 38-22-131
Recording act Race-notice (the statute says so) C.R.S. 38-35-109(1)
Remote notarization Yes: a notary who has notified the Secretary of State may notarize electronic records for remotely located signers C.R.S. 24-21-514.5
Deed transfer tax State documentary fee $0.01 per $100 of the total consideration when it exceeds $500; some home-rule towns charge their own real estate transfer taxes; TD-1000 declaration required C.R.S. §§ 39-13-102, 39-14-102
Mortgage/indebtedness tax None (no state statute)
Future advances Mortgage stating a maximum secures obligatory and optional advances with priority from recording C.R.S. 38-39-106
Subdivision Dividing into 2+ parcels is a subdivision unless every parcel is 35 acres or more (or another exemption applies) C.R.S. 30-28-101(10)
Title premium regulation Filed rates and fees, effective no earlier than 30 days after filing C.R.S. 10-11-118
Owner's policy disclosures Commitments for residential sales must disclose special taxing districts and the tax certificate C.R.S. 10-11-122

1. Mechanics' Lien Rules

Plain English

A Colorado mechanic's lien takes three steps. First, serve a notice of intent to file a lien on the owner and prime contractor at least 10 days before recording. Second, record the lien statement within 4 months after the last work or materials (day laborers: 2 months after completion of the improvement). Third, sue and record a notice that suit was filed within 6 months after the last work or completion, or the lien stops binding the property. Priority is generous to lienors: all liens relate back to when work began on the whole improvement, so they beat mortgages recorded after that date, while mortgages recorded before work began keep priority. An owner can replace the lien with a court-approved bond of 1.5 times the lien.

Key Rules

Notice of intent (C.R.S. 38-22-109(3)). Served at least 10 days before the lien statement is recorded, with an affidavit of service recorded with the statement.

Lien statement (38-22-109(5)). Recorded within 4 months after the day the last labor or materials were furnished, or, for laborers by the day or piece, within 2 months after completion of the improvement (38-22-109(4)).

Suit (38-22-110). No lien holds the property longer than 6 months after the last work, or completion, unless an action is filed and a notice of the action is recorded within that time.

Priority (38-22-106). Liens relate back to the commencement of work on the whole structure or improvement and have priority over encumbrances recorded after that time. Only an encumbrance recorded before the contract was signed or work began keeps priority over the liens (38-22-106(1)).

Bond (38-22-131). A corporate surety bond or undertaking of 1.5 times the lien plus costs, approved by a district court judge.

Owner protection (38-22-102(3.5)). It's an affirmative defense that the owner paid the full contract amount, plus change orders, to the principal contractor or a subcontractor, for an existing single-family home, an owner-built or owner-contracted primary residence, or a single-family owner-occupied home.

Purchaser protection (38-22-125). A lien statement recorded more than 2 months after completion doesn't bind a bona fide purchaser of a one- or two-family dwelling unless the purchaser knew the amounts were unpaid or the lien statement or a notice was recorded first.

Practice Points

  1. Has work started? If so, liens for the whole project can come ahead of a mortgage recorded now. Inspect before recording a construction loan.
  2. Get lien waivers and an owner's affidavit, and remember the affidavit is an enforceable indemnity only against the named affiant (Commonwealth Land Title Ins. Co. v. Northcreek Complex, LLC, No. 24CA1736 (Colo. App. Feb. 26, 2026) (not published): related entities that signed the affidavit only as agents for a disclosed principal were not bound).
  3. Old lien statements: a lien with no suit and no recorded notice of action within 6 months no longer binds the property. Confirm on the court docket.
  4. Bonding over at 1.5x needs a district court judge's approval. Plan the timing.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Colorado deeds and deeds of trust are recorded with the county clerk and recorder. The recording act is expressly race-notice: an unrecorded document is not valid against someone who records first without notice. Entities usually record a statement of authority showing who can sign for them. Colorado's documentary fee is small: one cent per $100 of consideration. Colorado foreclosures of deeds of trust usually run through a county public trustee. Colorado allows remote notarization of electronic records (C.R.S. 24-21-514.5).

Key Rules

  • Recording act (C.R.S. 38-35-109(1)). An unrecorded instrument isn't valid against anyone with rights in the property who first records, except between the parties and against those with prior notice. The statute says: "This is a race-notice recording statute."
  • Statement of authority (C.R.S. 38-30-172). Once recorded with the county clerk and recorder, it is prima facie evidence that the entity exists and of who may convey or encumber its real property.
  • Remote notarization (C.R.S. 24-21-514.5). The notary must notify the Secretary of State and use a conforming system. The signer may be in Colorado, elsewhere in the U.S., or abroad if the record relates to a U.S. court or government matter, U.S. property, or a U.S. transaction.
  • Documentary fee (C.R.S. 39-13-102). $0.01 per $100 of the total consideration, including assumed liens, when it exceeds $500 (no fee at $500 or less).
  • Residential commitments (C.R.S. 10-11-122). Must disclose special taxing districts, and the company must obtain a certificate of taxes due before issuing an owner's policy on a residential sale (unless instructed otherwise).

Practice Points

  1. Entity grantors: record a statement of authority and confirm the signer.
  2. Owner's affidavits: name every entity you want bound as an affiant (Northcreek).
  3. Get the certificate of taxes due on residential sales (C.R.S. 10-11-122).

Citations

3. Securing Future Advances

Plain English

Colorado's future advance statute is one of the most lender-friendly. A mortgage or deed of trust that states a maximum principal amount secures all advances, obligatory and optional, up to that maximum, with the same priority as if the full amount had been advanced at recording. It also secures, with the same priority and even beyond the maximum, negative amortization, tax and insurance advances, protective advances, and collection costs if the documents allow them. One limit: once principal has been advanced up to the maximum, later re-advances are protected only if the mortgage clearly says it secures a revolving credit arrangement.

Key Rules

  • Priority (C.R.S. 38-39-106(1)). All advances, obligatory and optional, up to the stated maximum principal, with priority as of recording.
  • Extra amounts (38-39-106(2)). Negative amortization, deferred interest, taxes, insurance, protective advances, and (if provided) collection and foreclosure costs, plus interest on them, even above the maximum.
  • Revolving credit (38-39-106(3)). After the maximum is fully advanced, later advances are covered only if the mortgage states it was made under a revolving credit arrangement.
  • Mechanics' liens (38-39-106(4)). The section doesn't apply to general mechanics' lien priority; that is decided under article 22 without reference to it.

Practice Points

  1. Check the stated maximum and, for HELOCs, the revolving credit statement.
  2. HELOC payoffs: get a signed freeze and close request with the payoff.
  3. Construction loans: read § 38-39-106 together with § 38-22-106 (relation back).

Citations

4. Subdivision Statutes and Regulations

Plain English

Colorado's county subdivision definition is famous for its 35-acre rule. Dividing land into two or more parcels is a "subdivision" that needs county approval and a recorded plat, unless every parcel is 35 acres or more (and none is meant for multiple owners), or another exemption applies. That's why so much rural Colorado land is sold in 35-acre parcels. Cities have their own subdivision rules. Counties also handle exemptions, such as boundary adjustments, through their own processes.

Key Rules

  • Definition (C.R.S. 30-28-101(10)(a)). Any parcel divided into two or more parcels, separate interests, or interests in common, or land used for condominiums, apartments, or other multiple-dwelling units, unless exempt.
  • 35-acre exemption (30-28-101(10)(b), (c)). Divisions creating parcels each of 35 acres or more, none intended for multiple owners; and divisions where each interest works out to 35 or more acres, among other listed exemptions.
  • Plat approval and penalties (C.R.S. 30-28-133; 30-28-110(4)). A subdivider who sells subdivided land before the final plat is approved and recorded commits a misdemeanor, fined $500 to $1,000 per parcel (prosecution within 18 months after the transfer is recorded), and the county may withhold building permits (30-28-110(4)(a)).

Practice Points

  1. Under 35 acres? Get the county plat or exemption approval for the split.
  2. Charitable and conservation restrictions may be reformed by court or enforced only by named parties (In re Maxwell, 2026 COA 10: charitable gift restrictions were enforceable, but the will was reformed under cy pres to allow a sale; Keep Airport v. Board of County Commissioners, 2026 COA 5: neighbors lacked standing to challenge a county's termination of a conservation easement). Except them until cleared.
  3. Easement access coverage insures the right of access, not the right to improve or pave (Michel L. Schlup Revocable Trust v. Attorneys Title Guaranty Fund, Inc., 2026 COA 16).

Citations

5. Title Premium Rates

Plain English

Colorado title premiums and fees (including closing and settlement fees) are filed with the Division of Insurance. Each title company and agent files its own rates and fees, with justification, at least 30 days before they take effect, and must make them available to the public in each county office. There is no rating bureau, so premiums vary by company and county. Title companies commonly handle the closing. Colorado also regulates title commitments for residential sales, requiring special district and tax disclosures.

Key Rules

  • Filing (C.R.S. 10-11-118(2)). New or amended rates and fees, with justification, filed with the commissioner; effective no earlier than 30 days after receipt.
  • Use (10-11-118(3)). No rate or fee may be used before its effective date, and rates and fees must be available to the public in each office in the county.
  • Regulation (10-11-118(1)). Rates and fees are regulated under C.R.S. 10-4-401 et seq.; rates may not be excessive, inadequate, or unfairly discriminatory (10-4-403(1)).
  • Division regulations (3 CCR 702-8). Title insurance regulations, including inducements and closing practices.

Practice Points

  1. Quote from the company's filed Colorado rates and fees for the county.
  2. Closing fees are filed too. Charge only what's filed.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Colorado's state documentary fee is tiny: 1 cent per $100 of price. But some mountain resort towns charge their own real estate transfer taxes (for example, Aspen charges 1.5% in two parts and Telluride 3%). A Real Property Transfer Declaration (TD-1000) goes with most deeds. Colorado has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • State documentary fee. $0.01 per $100 of the total consideration when it exceeds $500 (§ 39-13-102), computed per $100 or major fraction. The statute imposes it on the person who offers the deed for recording.
  • Local transfer taxes. Some home-rule municipalities (for example, Aspen, Telluride and other resort towns) levy real estate transfer taxes: Aspen charges 1.0% for housing (the first $100,000 excluded) plus 0.5% for the Wheeler Opera House, and Telluride charges 3% of gross consideration. TABOR prohibits new or increased real property transfer tax rates (Colo. Const. art. X, § 20(8)(a)).
  • TD-1000. A Real Property Transfer Declaration is required with deeds over $500, with a penalty of the greater of $25 or 0.025% of the sale price if the grantee doesn't file within 30 days after the assessor's notice (§§ 39-14-101, 39-14-102).

(b) Mortgage, indebtedness or intangible tax

  • None. Colorado has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • Recording fees. The base fee is $10 for the first page and $5 for each additional page (§ 30-1-103(1)).

Practice Points

  1. Mountain towns: always check for a local transfer tax and its exemptions.
  2. No mortgage tax on loans.

Citations

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