Chapter 11 - § 11.3 TIME LIMITS AND FORECLOSURE OF LIENS

• Jurisdiction: Colorado

§ 11.3 TIME LIMITS AND FORECLOSURE OF LIENS

Once a co-owner has received written request and become delinquent, the non-delinquent co-owner shall file a verified statement in the office of the county clerk and recorder of the county in which the ditch is situated within 30 days of the completion of the work.³ The verified statement must be addressed to the owner of the interest upon which the lien is claimed, specify the name of the ditch, specify the extent of the interest in the ditch upon which the lien is claimed, state the date upon which work was commenced and the date it was completed, state the total amount expended on the ditch by all co-owners, state the amount due from the delinquent co-owner, and be signed and verified upon oath by the claimant.⁴

Once the verified statement has been recorded in accordance with C.R.S. § 38-23-104, the claimant must commence an action within six months of recording.⁵ If the delinquent co-owner remits payment, along with the costs, in satisfaction of the lien, any interested person may request the claimant enter a record of satisfaction.⁶ If the claimant refuses or neglects to record a satisfaction within 10 days of the request, the claimant forfeits and must pay $10 for every day the satisfaction is not recorded.⁷

If the claimant wishes to commence an action, it shall be "commenced and prosecuted in accordance with the procedures in other civil actions in the state of Colorado."⁸ Once the action is commenced, and a judgment rendered in favor of the claimant, "[t]he court shall cause such ditch interest to be sold in satisfaction of said lien and costs, as in the case of foreclosure of mortgages and in the manner and form provided for sales on executions issued out of courts of record, and the owner and creditors shall have a right to redeem, as is provided for in cases of sales of real estate on execution."⁹ Once a judgment is entered for the claimant, he or she is also entitled to "recover all other costs and expenses in claiming and enforcing his [or her] lien."¹⁰

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Notes:

^[3] C.R.S. § 38-23-104.

^[4] Id.

^[5] C.R.S. § 38-23-106.

^[6] C.R.S. § 38-23-110.

^[7] Id.

^[8] C.R.S. § 38-23-107.

^[9] C.R.S. § 38-23-108.

^[10] C.R.S. § 38-23-109.