Amendments for SB17-140

House Journal, May 5
42 SB17-140 be amended as follows, and as so amended, be referred to
43 the Committee of the Whole with favorable
44 recommendation:
45
46 Amend reengrossed bill, page 2, after line 17 insert:
47
48 "SECTION 2. In Colorado Revised Statutes, 38-36-136, amend
49 (1) as follows:
50 38-36-136. Registered land to remain under this article unless
51 removed from registration. (1) Unless removed from registration in the
52 manner stated in this section, SECTION 38-36-204, OR SECTION 38-36-205,
53 the obtaining of a decree of registration and receiving of a certificate of
54 title shall be deemed an agreement running with the land and binding
55 upon the applicant and the successors in title that the land is and remains
2017 Page 1310 House Journal--115th Day--May 5,
1 registered land and subject to the provisions of this article ARTICLE 36 and
2 of all amendments thereto. All dealings with the land or any estate or
3 interest therein after the same has been brought under this article ARTICLE
4 36, and all liens, encumbrances, and charges upon the same shall be made
5 only subject to the terms of this article ARTICLE 36. The owner, or his
6 agent or attorney, of any real property registered under the terms of this
7 article ARTICLE 36 may, at any time, withdraw said real property
8 registration from the operation of this article ARTICLE 36 by surrendering
9 to the registrar his duplicate certificate of ownership, duly endorsed with
10 a signed and acknowledged request for such withdrawal.
11 SECTION 3. In Colorado Revised Statutes, add part 2 to article
12 36 of title 38 as follows:
2 13 PART
14 TORRENS CONCLUSION
15 38-36-201. Short title. THE SHORT TITLE OF THIS PART 2 IS "THE
16 CONCLUSION OF THE TORRENS TITLE REGISTRATION ACT".
17 38-36-202. Definitions. AS USED IN THIS PART 2, UNLESS THE
18 CONTEXT OTHERWISE REQUIRES:
19 (1) "ADVERSE INSTRUMENT" MEANS ANY DOCUMENT,
20 INSTRUMENT, PAPER, OR ORDER THAT ADVERSELY AFFECTS, BUT DOES NOT
21 CONVEY, THE FEE TITLE TO REGISTERED LAND, AND THE VALIDITY OF
22 WHICH IS NOT DEPENDENT UPON CONSENT BY AN OWNER OF THE
23 REGISTERED LAND OR SOME PERSON CLAIMING BY, THROUGH, OR UNDER
24 THAT OWNER.
25 (2) "CERTIFICATE OF TITLE" MEANS A CURRENT CERTIFICATE OF
26 TITLE ISSUED UNDER PART 1 OF THIS ARTICLE 36.
27 (3) "CONVEYANCE INSTRUMENT" MEANS ANY DOCUMENT,
28 INSTRUMENT, PAPER, OR ORDER THAT:
29 (a) CONVEYS THE FEE TITLE TO REGISTERED LAND; OR
30 (b) AFFECTS THE TITLE TO REGISTERED LAND AND THE VALIDITY
31 OF WHICH IS DEPENDENT UPON CONSENT BY AN OWNER OF THE
32 REGISTERED LAND OR SOME PERSON CLAIMING BY, THROUGH, OR UNDER
33 THAT OWNER.
34 (4) "REGISTERED LAND" MEANS REAL PROPERTY AND AN INTEREST
35 IN REAL PROPERTY, THE TITLE TO WHICH HAS BEEN REGISTERED UNDER
36 PART 1 OF THIS ARTICLE 36.
37 (5) "REGISTRAR" MEANS A CLERK AND RECORDER OF A COUNTY
38 WHO IS A REGISTRAR OF TITLE IN HIS OR HER RESPECTIVE COUNTY IN
39 ACCORDANCE WITH SECTION 38-36-109.
40 38-36-203. Registration - adverse instruments. ON AND AFTER
41 THE EFFECTIVE DATE OF THIS PART 2 AND BEFORE JANUARY 1, 2020, THE
42 REGISTRAR SHALL ONLY ACCEPT AN ADVERSE INSTRUMENT FOR
43 REGISTRATION ON REGISTERED LAND UNDER PART 1 OF THIS ARTICLE 36.
44 38-36-204. Registration - conveyance instruments - recording.
45 (1) ON AND AFTER THE EFFECTIVE DATE OF THIS PART 2 AND BEFORE
46 JANUARY 1, 2020, THE REGISTRAR SHALL REFUSE TO ACCEPT A
47 CONVEYANCE INSTRUMENT FOR REGISTRATION UNDER PART 1 OF THIS
48 ARTICLE 36. INSTEAD OF ACCEPTING THE CONVEYANCE INSTRUMENT FOR
49 REGISTRATION, THE REGISTRAR SHALL RECORD IN THE OFFICE OF THE
50 COUNTY CLERK AND RECORDER UNDER ARTICLE 35 OF THIS TITLE 38:
51 (a) EACH CERTIFICATE OF TITLE, WITH ALL NOTATIONS,
52 CERTIFICATIONS, MEMORIALS, AND ENDORSEMENTS THEREON, TO ALL
53 LANDS AFFECTED BY THE CONVEYANCE INSTRUMENT; AND
54 (b) THE CONVEYANCE INSTRUMENT, IF THE RELATED RECORDING
55 FEES HAVE BEEN PAID.
56 (2) IN THE ABSENCE OF EXTENUATING CIRCUMSTANCES, THE
1 REGISTRAR SHALL RECORD THE CERTIFICATE OF TITLE AND CONVEYANCE
2 INSTRUMENT AS SET FORTH IN SUBSECTION (1) OF THIS SECTION WITHIN
3 THREE BUSINESS DAYS OF RECEIVING THE CONVEYANCE INSTRUMENT.
4 BEFORE RECORDING THE CERTIFICATE OF TITLE, THE REGISTRAR SHALL
5 MEMORIALIZE ON THE CERTIFICATE ANY INSTRUMENTS, DOCUMENTS,
6 PAPERS, OR ORDERS THAT HAVE BEEN FILED WITH THE REGISTRAR AND
7 THAT HAVE NOT YET BEEN MEMORIALIZED.
8 38-36-205. Certificate of title - recording - notice. (1) ON OR
9 BEFORE JANUARY 1, 2020, THE REGISTRAR SHALL REMOVE ALL THE
10 REMAINING REGISTERED LAND FROM REGISTRATION BY RECORDING IN THE
11 OFFICE OF THE COUNTY CLERK AND RECORDER UNDER ARTICLE 35 OF THIS
12 TITLE 38 A CERTIFICATE OF TITLE, WITH ALL NOTATIONS, CERTIFICATIONS,
13 MEMORIALS, AND ENDORSEMENTS THEREON, FOR EACH PARCEL OF
14 REGISTERED LAND WITHIN THE COUNTY.
15 (2) (a) AT LEAST NINETY DAYS PRIOR TO RECORDING A
16 CERTIFICATE OF TITLE UNDER THIS SECTION, A REGISTRAR SHALL MAIL A
17 NOTICE TO EACH OWNER AT THE RESIDENCE OF THE OWNER IDENTIFIED ON
18 THE CERTIFICATE OF TITLE OR TO THE ADDRESS FOR THE OWNER IN THE
19 RECORDS MAINTAINED BY THE COUNTY ASSESSOR. IF THERE IS NO KNOWN
20 ADDRESS FOR THE OWNER OR IF THE NOTICE IS RETURNED AS
21 UNDELIVERABLE, THE REGISTRAR SHALL PLACE A LEGAL NOTICE THAT
22 MEETS THE REQUIREMENTS SET FORTH IN SECTION 24-70-103 IN A
23 NEWSPAPER IN THE COUNTY WHERE THE PROPERTY IS LOCATED.
24 (b) THE REGISTRAR SHALL INCLUDE THE FOLLOWING INFORMATION
25 IN THE NOTICE REQUIRED UNDER SUBSECTION (2)(a) OF THIS SECTION:
26 (I) A DESCRIPTION OF THE REGISTERED LAND;
27 (II) THE NAME OF EACH OWNER OF THE REGISTERED LAND THAT IS
28 LISTED ON THE CERTIFICATE OF TITLE;
29 (III) THE CERTIFICATE OF TITLE NUMBER;
30 (IV) A STATEMENT THAT THE TORRENS TITLE REGISTRATION
31 SYSTEM IS BEING REPEALED AND THAT, ON OR BEFORE JANUARY 1, 2020,
32 THE REGISTERED LAND WILL BE REMOVED FROM THE TORRENS TITLE
33 REGISTRATION SYSTEM AND RECORDED WITH THE CLERK AND RECORDER,
34 BUT PRIOR TO THE REMOVAL, THE OWNER MAY REMOVE THE REGISTERED
35 LAND UNDER SECTION 38-36-136; AND
36 (V) THE ADDRESS AND TELEPHONE NUMBER FOR THE REGISTRAR'S
37 OFFICE.
38 (3) BEFORE RECORDING A CERTIFICATE OF TITLE UNDER THIS
39 SECTION, THE REGISTRAR SHALL MEMORIALIZE ON THE CERTIFICATE ANY
40 INSTRUMENTS, DOCUMENTS, PAPERS, OR ORDERS THAT HAVE BEEN FILED
41 WITH THE REGISTRAR AND THAT HAVE NOT YET BEEN MEMORIALIZED.
42 38-36-206. Recording fees - waived. A REGISTRAR SHALL NOT
43 CHARGE ANY FEES FOR RECORDING A CERTIFICATE OF TITLE UNDER
44 SECTION 38-36-204 OR 38-36-205.
45 38-36-207. New chain of record. (1) THE RECORDING OF A
46 CERTIFICATE OF TITLE UNDER SECTION 38-36-204 OR 38-36-205 REMOVES
47 THE LAND DESCRIBED IN THE CERTIFICATE FROM THIS ARTICLE 36 WITH
48 THE SAME EFFECT AS WITHDRAWAL PURSUANT TO SECTION 38-36-136.
49 AFTER THE RECORDING, THE RECORDED CERTIFICATE OF TITLE
50 CONSTITUTES A NEW CHAIN OF RECORD TITLE IN THE REGISTERED OWNER
51 OF ANY ESTATE OR INTEREST AS SHOWN ON THE CERTIFICATE, SUBJECT
52 ONLY TO ESTATES, MORTGAGES, LIENS, CHARGES, AND INTERESTS AS MAY
53 BE NOTED ON THE CERTIFICATE, AND FREE FROM ALL OTHERS EXCEPT THE
54 FOLLOWING:
55
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1 (a) ANY EXISTING LEASE FOR A PERIOD NOT EXCEEDING THREE
2 YEARS, WHEN THERE IS ACTUAL OCCUPATION OF THE PREMISES UNDER THE
3 LEASE;
4 (b) ALL PUBLIC HIGHWAYS EMBRACED IN THE DESCRIPTION OF THE
5 LAND INCLUDED IN THE CERTIFICATES ARE DEEMED TO BE EXCLUDED FROM
6 THE CERTIFICATE, AND ANY SUBSISTING RIGHT-OF-WAY OR OTHER
7 EASEMENT FOR DITCHES OR WATER RIGHTS UPON, OVER, OR IN RESPECT TO
8 THE LAND;
9 (c) ANY TAX OR SPECIAL ASSESSMENT FOR WHICH A SALE OF THE
10 LAND HAS NOT BEEN HAD AT THE DATE OF THE CERTIFICATE OF TITLE; AND
11 (d) LIENS, CLAIMS, OR RIGHTS, IF ANY, ARISING OR EXISTING
12 UNDER THE CONSTITUTION OR LAWS OF THE UNITED STATES, AND WHICH
13 THE STATUTES OF THIS STATE CANNOT OR DO NOT REQUIRE TO APPEAR OF
14 RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER.
15 (2) AFTER A REGISTRAR RECORDS A CERTIFICATE OF TITLE UNDER
16 SECTION 38-36-204 OR 38-36-205, TITLE TO LANDS IS CONVEYED OR
17 ENCUMBERED IN THE SAME MANNER AS TITLE TO UNREGISTERED LANDS.
18 ALL INSTRUMENTS SHOWN AS MEMORIALS ON THE CERTIFICATES OF TITLE
19 SO RECORDED HAVE THE SAME FORCE AND EFFECT AS IF THEY WERE FILED
20 WITH THE CLERK AND RECORDER AT THE TIME THEY WERE FILED OR WERE
21 OTHERWISE MEMORIALIZED ON THE CERTIFICATES. NO INSTRUMENT THAT
22 WAS FILED OR RECORDED IN ANY OTHER PUBLIC OFFICE BEFORE THE
23 RECORDING AS PROVIDED IN THIS PART 2, BUT THAT WAS NOT DULY
24 REGISTERED, IS EFFECTIVE OR CONSTITUTES PUBLIC NOTICE AS TO THOSE
25 LANDS AS A RESULT OF THE RECORDING; EXCEPT THAT THE INSTRUMENT
26 MAY BE RECORDED THEREAFTER.
27
28 38-36-208. Effect of recording. (1) RECORDING OF A
29 CERTIFICATE OF TITLE UNDER SECTION 38-36-204 OR 38-36-205 HAS NO
30 EFFECT ON ANY PROCEEDINGS UNDER THE REGISTRY SYSTEM WHERE THE
31 QUESTION OF TITLE TO THE REAL PROPERTY HAS BEEN DETERMINED. ALL
32 PROCEEDINGS CONDUCTED IN CONNECTION WITH THE REGISTERING OF
33 TITLE THAT RELATE TO THE SETTLEMENT OR DETERMINATION OF THE TITLE
34 BEFORE THE RECORDING AND ALL PROVISIONS OF PART 1 OF THIS ARTICLE
35 36 THAT RELATE TO THE STATUS OF THE TITLE, INCLUDING SECTION
36 38-36-137, HAVE CONTINUING FORCE AND EFFECT WITH RESPECT TO THE
37 PERIOD OF TIME THAT TITLE REMAINED UNDER THE REGISTRY SYSTEM.
38 (2) ANY PROVISION OF PART 1 OF THIS ARTICLE 36 THAT GIVES RISE
39 TO A RIGHT OF ACTION FOR DAMAGES AGAINST THE COUNTY TREASURER
40 HAS CONTINUING FORCE AND EFFECT WITH RESPECT TO THE PERIOD OF
41 TIME THAT TITLE REMAINED UNDER THE REGISTRY SYSTEM.
42
43 38-36-209. Rights. (1) NOTHING CONTAINED IN THIS ACT
44 TERMINATES, DIMINISHES, OR IMPAIRS ANY EXISTING RIGHT IN OR
45 PERTAINING TO REGISTERED LAND, AND THAT RIGHT MAY BE ASSERTED
46 AND ENFORCED IN THE SAME MANNER, TO THE SAME EXTENT, AND
47 SUBJECT TO THE SAME LIMITATIONS AS PROVIDED IN PART 1 OF THIS
48 ARTICLE 36. THE RECORDING OF A CERTIFICATE OF TITLE UNDER SECTION
49 38-36-204 OR 38-36-205 DOES NOT CHANGE THE DATE FROM WHICH A
50 RIGHT TO BRING AN ACTION OR PROCEEDING FIRST ACCRUES UNDER
51 SECTION 38-36-190 FOR A PRIOR DEPRIVATION, LOSS, OR DAMAGE.
52 (2) IF THE OWNER OF REGISTERED LAND IS A VENDOR WHO HOLDS
53 AFTER-ACQUIRED TITLE IN TRUST FOR A VENDEE AS PROVIDED IN SECTION
54 38-30-104, THE RECORDING OF A CERTIFICATE OF TITLE UNDER SECTION
55 38-36-204 OR 38-36-205 DOES NOT AFFECT THE RIGHTS OF THE VENDEE OR
56 THE DUTIES OF THE VENDOR UNDER SECTION 38-30-104.
1 38-36-210. Voluntary withdrawals. AT ANY TIME PRIOR TO
2 REGISTERED LAND BEING RECORDED UNDER SECTION 38-36-204 OR
3 38-36-205, AN OWNER MAY WITHDRAW THE REGISTERED LAND FROM
4 REGISTRATION UNDER THE PROCEDURES SET FORTH IN SECTION 38-36-136.
5 38-36-211. Maintenance of records. AFTER RECORDING A
6 CERTIFICATE OF TITLE UNDER SECTION 38-36-205 OR 38-36-206, A
7 REGISTRAR SHALL CONTINUE TO PRESERVE AND MAINTAIN ALL RECORDS
8 THAT HAVE BEEN RECEIVED UNDER THIS ARTICLE 36.".
9
10 Renumber succeeding section accordingly.
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