Chapter 11 - § 11.1 • INTRODUCTORY

• Jurisdiction: Colorado

§ 11.1 • INTRODUCTORY

In Coppom v. Humphreys,¹ the Colorado Supreme Court said:

We can take judicial notice of the fact that in Colorado non-lawyers, and even attorneys, use the term "mortgage" when in fact a deed of trust is intended. We can take additional judicial notice that in Colorado real estate transactions a deed of trust, rather than a real estate mortgage, is most commonly used—and this has been true for many years.²

Accordingly, in this chapter, the term "mortgage" is frequently used to include a deed of trust, and the terms "mortgagor" and "mortgagee" are frequently used to include the trustor or grantor of, and the beneficiary under, a deed of trust.

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Notes:

^[1] Coppom v. Humphreys, 467 P.2d 816 (Colo. 1970).

^[2] See also C.R.S. § 38-39-106(5), which states, "As used in this section, unless the context otherwise requires, 'mortgage' means a mortgage, deed...