(3.5) Venue for any action based upon the indemnification agreement specified in paragraph (a) of subsection (3) of this section shall be proper only in the county in which the public trustee receiving the certification is located.
(8.5) If a deed of trust is improperly recorded in the office of the clerk and recorder of a county other than the county in which the real property is located, the deed of trust must be recorded in the correct county before the public trustee may release the deed of trust. The public trustee of a county other than the county wherein the real property is located shall not release the deed of trust.
Source: L. 90: Entire article R&RE, p. 1675, § 3, effective October 1. L. 92: (1) to (3) and (5) amended and (6) to (8) added, p. 2093, § 5, effective July 1. L. 93: (1)(a)(I) amended, p. 254, § 1, effective July 1. L. 97: (1)(a), (2), (6), and (7) amended and (3.5) added, p. 1420, § 1, effective September 1. L. 2000: IP(3.5)(b)(IV) and (3.5)(b)(V) amended, p. 1874, § 113, effective August 2. L. 2002: (3)(c) amended, p. 1348, § 16, effective July 1. L. 2003: (3)(a), (3.5)(b)(I), and (3.5)(b)(II) amended, p. 1212, § 26, effective July 1. L. 2007: (1), (2), (3), (3.5), and IP(5) amended, p. 1845, § 25, effective January 1, 2008. L. 2008: (1)(a), (2), and (3) amended and (9) added, p. 566, § 1, effective April 21. L. 2009: (1)(a)(III) and (1)(a)(IV) amended and (1)(a)(V) added, (HB 09-1207), ch. 164, p. 721, § 21, effective September 1. L. 2012: (8.5) added, (SB 12-030), ch. 96, p. 325, § 13, effective September 1.
Editor's note: This section is similar to former § 38-37-123, as it existed prior to 1990.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 39 - Mortgages, Deeds of Trust, and Other Liens
§ 38-39-101. Effect of Deed of Trust to Private Trustee - Nature of Obligation Secured
§ 38-39-102. When Deed of Trust Shall Be Released - Definitions
§ 38-39-104. Satisfaction of Mortgage
§ 38-39-105. Removal of Improvements From Encumbered Property