Chapter 12 - § 12.1 • INTRODUCTORY

• Jurisdiction: Colorado

§ 12.1 • INTRODUCTORY

A lien is an encumbrance;¹ it is not an interest² or estate³ in land. An obligation secured by a receiver's certificate is a lien.⁴ A notice of lis pendens is not a lien.⁵ With regard to priority, lienors and other encumbrancers stand in the same position as purchasers;⁶ a lien is binding upon land in the hands of a subsequent purchaser.⁷

A lien created by law does not abate or cease by reason of the death of a plaintiff, but survives in favor of the personal representative.⁸ The personal representative may cause letters testamentary or of administration to be recorded in the court in which the judgment exists, after which execution may issue and proceedings had therein in the name of the personal representative.⁹ It is the personal representative's duty to have the judgment enforced¹⁰ and to bid for and become the purchaser of real estate at a sheriff's sale. The real estate so purchased becomes assets in his hands and may be again sold by him upon the order of the court of probate.¹¹

--------

Notes:

^[1] Fleming v. McFerson, 28 P.2d 1013 (Colo. 1933); Fisk v. Cathcart, 33 P. 1004 (Colo. App. 1893) (tax lien); Whiteside v. Rocky Mountain Fuel Co., 101 F.2d 765 (10th Cir. 1939); 260 Gregory LLC v. Black Hawk/Central City Sanitation Dist., 77 P.3d 841 (Colo. App. 2003) (lien is a security interest).

^[2] Fallon v. Worthington, 22 P. 960 (Colo. 1889).

^[3] Lease Fin. Inc. v. Cohen, 705 P.2d 1008 (Colo. App. 1985).

^[4] Frank v. Bonnevie, 77 P. 363 (Colo. App. 1904).

^[5] Thomas v. Oken, 699 P.2d 7 (Colo. App. 1984).

^[6] Fleming v. McFerson, 28 P.2d 1013 (Colo. 1933).

^[7] Kingdom of Gilpin Mines v. McNeill, 291 P. 1036 (Colo. 1930); Whiteside v. Rocky Mountain Fuel Co. (In re Standard Coal Mine, Inc.), 101 F.2d 765 (10th Cir. 1938).

^[8] C.R.S. § 13-58-104.

^[9] C.R.S. § 13-58-103.

^[10] C.R.S. § 13-58-104.

^[11] C.R.S. § 13-58-105.