If, in any case, an appearance is entered and answer filed, the cause shall be set down for hearing on motion of either party, but a default and order shall first be entered against all persons who do not appear and answer in the manner provided in section 38-36-126. The court may refer the cause or any part thereof to one of the examiners of title, as referee, to hear the parties and their evidence, and make report thereon to the court. His report shall have the same force and effect as that of a magistrate appointed by the district court under the laws of this state, and relating to the appointment, duties, and powers of magistrates.
Source: L. 03: p. 322, § 24. R.S. 08: § 740. C.L. § 4950. CSA: C. 40, § 195. CRS 53: § 118-10-27. C.R.S. 1963: § 118-10-27. L. 91: Entire section amended, p. 366, § 43, effective April 9.
Cross references: For the appointment, duties, and powers of a referee, see C.R.C.P. 53.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 36 - Torrens Title Registration Act
Part 1 - Torrens Title Registration
§ 38-36-101. Application to Register Title - by Whom Made
§ 38-36-102. Lesser Estates - When Registered
§ 38-36-103. When Tax Title May Be Registered
§ 38-36-104. Contents of Application
§ 38-36-105. What Lands May Be Joined in One Application
§ 38-36-106. Amendment of Application
§ 38-36-107. Form of Application
§ 38-36-108. Application Made to District Court - Powers of Court
§ 38-36-109. Registrars of Titles - Rules
§ 38-36-110. Bond of Registrar
§ 38-36-111. Duties of Deputy Registrar - Vacancies
§ 38-36-112. Registrar Not to Practice Law - Neglect of Duty
§ 38-36-113. Examiner of Titles - Compensation - Oath or Affirmation - Bond
§ 38-36-114. Nonresident Applicant to Appoint Process Agent
§ 38-36-115. Filing and Service of Application - Land Registration Docket
§ 38-36-116. Abstract of Title Filed With Application
§ 38-36-117. Copy of Application Filed With County Clerk and Recorder - Lis Pendens
§ 38-36-118. Examination of Application and Abstract - Report of Examiner
§ 38-36-119. Issuance of Summons
§ 38-36-120. Parties Plaintiff and Defendant - Unknown Claimants
§ 38-36-121. Contents of Summons - Service
§ 38-36-122. Clerk to Mail Copy of Summons and Other Notices
§ 38-36-124. When Guardian Ad Litem Appointed - Compensation
§ 38-36-125. Who May Answer - Contents of Answer
§ 38-36-126. Decree, When No Answer Filed - Binds Unknown Claimants
§ 38-36-127. Cause Set for Trial - Default - Referee Appointed
§ 38-36-128. Court May Order Further Proof
§ 38-36-129. Title Not Proper for Registration Dismissed - Applicant May Dismiss
§ 38-36-130. Decree of Confirmation - Effect - Appeal
§ 38-36-131. When Decree May Be Opened
§ 38-36-132. Action to Recover Land - Limitation
§ 38-36-133. Certificate of Title Insures Freedom From Encumbrance - Exceptions
§ 38-36-134. Contents of Decree - Certified Copy Filed
§ 38-36-135. Party Acquiring Interest After Application Filed Made Defendant
§ 38-36-136. Registered Land to Remain Under This Article Unless Removed From Registration
§ 38-36-137. No Title by Prescription or Adverse Possession
§ 38-36-138. Title to Be Registered - Register of Titles
§ 38-36-139. Contents and Form of Certificate of Registration
§ 38-36-140. Owner's Duplicate Certificate of Ownership - Signature of Owner
§ 38-36-141. Two or More Owners
§ 38-36-142. Subsequent Certificates
§ 38-36-143. Exchange of Certificates - Platting Land
§ 38-36-144. When Certificate Takes Effect
§ 38-36-145. Certificates in Evidence - Variance
§ 38-36-146. Indexes Kept by Registrar - Adoption of Forms
§ 38-36-147. Tract and Alphabetical Indexes Kept by Registrar
§ 38-36-148. Registered Land May Be Conveyed or Encumbered
§ 38-36-149. Effect of Recording Instruments
§ 38-36-150. Records - Open to Inspection
§ 38-36-151. Duplicates - Certified Copies
§ 38-36-152. Title Not Divested - Interests Less Than Freehold
§ 38-36-153. When Owner's Certificate Must Be Presented - Effect of Presentation
§ 38-36-154. Certified Copy of Owner's Duplicate Certificates
§ 38-36-155. Mode of Conveying Registered Land
§ 38-36-156. Certificate That Taxes Have Been Paid
§ 38-36-157. Registered Land Subject to Same Laws as Unregistered Land
§ 38-36-158. Powers of Attorney
§ 38-36-159. Encumbrances Must Be Registered
§ 38-36-160. Trust Deed Deemed a Mortgage - How Registered
§ 38-36-161. Assignment, Cancellation, and Release of Mortgage
§ 38-36-162. Foreclosure of Mortgage
§ 38-36-163. Registration of Final Decree - New Certificate Issued
§ 38-36-164. Title Acquired by Action Registered - When Certificate Issues
§ 38-36-165. Petition to Court for New Certificate
§ 38-36-166. Registration of Leases
§ 38-36-167. How Transfer in Trust Registered
§ 38-36-168. New Trustee - New Certificate
§ 38-36-169. Trustee May Apply for Registration of Land
§ 38-36-170. Certificate of Title Number on All Filings and Registrations
§ 38-36-171. How Attachments, Liens, and Other Rights Enforced
§ 38-36-172. Name and Address of Plaintiff's Attorney
§ 38-36-173. When Judgment Becomes a Lien
§ 38-36-174. Title Acquired by Execution - New Certificate Issued
§ 38-36-175. Action Disposed of - Memorial Canceled
§ 38-36-176. Petition and Order for New Certificate After Redemption Period
§ 38-36-177. When Certificate Will Issue to Heir or Devisee
§ 38-36-178. Sale or Mortgage of Lands in Probate
§ 38-36-179. Trustees to File Copy of Authority - Effect
§ 38-36-180. Eminent Domain - Fees - Reversion
§ 38-36-181. Issuance of New Certificate - Amendment of Duplicates
§ 38-36-182. Court May Refer Application to Examiner of Titles
§ 38-36-183. Examiner of Titles to Advise Registrar - Other Powers
§ 38-36-184. Requirements of Instruments Filed for Registration
§ 38-36-185. Adverse Claim - Filed - Hearing - Costs
§ 38-36-186. Fees Paid Registrar Upon Registration - Disposition
§ 38-36-187. Indemnity for Loss Due to Mistake or Misfeasance
§ 38-36-188. Defendants to Indemnity Suit - Judgment - How Collected
§ 38-36-189. When Assurance Fund Not Liable - Maximum Judgment
§ 38-36-190. Action Must Be Brought Within Six Years - Exception
§ 38-36-191. Alteration of Certificate Only on Order of Court
§ 38-36-192. Theft of Certificate
§ 38-36-194. Fraudulently Procuring Certificate a Felony
§ 38-36-195. Forging Seal or Signature a Felony
§ 38-36-196. Remedy Against One Criminally Liable Not Affected
§ 38-36-197. Docket Fees - Expenses of Publication
§ 38-36-198. Fees to Be Paid Registrar - Application of Fees