Chapter 3 - § 3.8 • FILING AND RECORDING OF DOCUMENTS RELATED TO A MANUFACTURED HOME

• Jurisdiction: Colorado

§ 3.8 • FILING AND RECORDING OF DOCUMENTS RELATED TO A MANUFACTURED HOME

§ 3.8.1—In General

If an authorized agent who receives a document for filing and recording is not the clerk and recorder for the county or city and county, he or she must forward the document to the clerk and recorder, for the clerk and recorder to file and record the document in his or her office.¹²⁷

A document filed and recorded by the clerk and recorder under C.R.S. title 38, article 29, part 2 will be indexed in both the grantor and grantee indexes under the name of the owner or owners of the manufactured home and the owners of the land to which the home was affixed or permanently located at the time the document is required to be filed and recorded.¹²⁸

The clerk and recorder will forward a copy of a certificate of permanent location, certificate of removal, and certificate of destruction to the assessor for the county or city and county.¹²⁹

§ 3.8.2—Filing and Recording Application Form, Verification and Supporting Materials

In all instances in which an application for a certificate of title is filed with an authorized agent,¹³⁰ the authorized agent, in his or her capacity as the clerk and recorder, must file and record in his or her office the documents listed below.¹³¹

For an application for a certificate of title for a new manufactured home:

• The manufacturer's certificate or statement of origin or its equivalent; and
• The verification of application form.¹³²

For an application for a certificate of title for which a bond is furnished pursuant to C.R.S. § 38-29-119(2):

• A copy of the written declaration required pursuant to C.R.S. § 38-29-119(1);¹³³
• A copy of the bond that was furnished; and
• The verification of application form.¹³⁴

For all other applications for a certificate of title:

• A copy of the certificate of title presented to the authorized agent, if any; and
• The verification of application form.¹³⁵

The verification of application form must comply with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. §§ 2721, et seq.¹³⁶

§ 3.8.3—Filing and Recording of Certificate of Permanent Location

If a manufactured home is permanently affixed to the ground so that it is no longer capable of being drawn over the public highways on or after July 1, 2008, the owner of the manufactured home must file a certificate of permanent location.¹³⁷

If the certificate of permanent location accompanies an application for purging a manufactured home title,¹³⁸ the certificate must be filed with the authorized agent for the county or city and county in which the manufactured home is located. For a manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years, a copy of the lease must be filed along with the certificate. The authorized agent, in his capacity as the clerk and recorder, will file and record the certificate of permanent location and, if applicable, the copy of the long-term lease in his or her office.¹³⁹

If the certificate of permanent location is received in accordance with C.R.S. § 38-29-114(2)¹⁴⁰ or C.R.S. § 38-29-117(6),¹⁴¹ the certificate must be filed with the clerk and recorder of the county or city and county in which the manufactured home is located. For a manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years, a copy of the lease must be filed along with the certificate of permanent location. The clerk and recorder must file and record the certificate of permanent location, a copy of the bill of sale, a copy of the manufacturer's certificate or statement of origin or its equivalent, and, if applicable, the copy of the long-term lease in his or her office and destroy the original manufacturer's certificate or statement of origin or its equivalent.¹⁴²

At least one of the owners of the manufactured home, as reflected on the certificate of title, the bill of sale, or the manufacturer's certificate or statement of origin or its equivalent, must be an owner of the real property to which the manufactured home is to be affixed or permanently located, except that this requirement does not apply to a manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years.¹⁴³

§ 3.8.4—Form of Certificate of Permanent Location

The property tax administrator is required to establish the form of the certificate of permanent location.¹⁴⁴ In addition to any other information that the administrator may require, the certificate must include the following:

• The name and mailing address of the owner of the manufactured home;
• The name and mailing address of any holder of a mortgage on the manufactured home or on the real property to which the home has been affixed;
• The identification number of the manufactured home and the certificate of title number, if applicable;
• The manufacturer or make and year of the manufactured home;
• Attached to the certificate of permanent location, a certificate of taxes due, or an authentication of paid ad valorem taxes, issued by the county treasurer of the county in which the manufactured home is located;
• The legal description of the real property to which the manufactured home has been permanently affixed;
• The name of the legal owner or owners of the land upon which the manufactured home is affixed;
• The county or city and county in which the certificate of permanent location is filed;
• Verification that the manufactured home is permanently affixed to the ground so that it is no longer capable of being drawn over the public highways in accordance with any applicable county or city and county codes or requirements;
• Consent to the permanent location of the manufactured home by all holders of a security interest in the manufactured home;
• An affirmative statement of relinquishment and release of all rights in the manufactured home by all holders of a security interest in the manufactured home;
• Except in the case of a manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years, an affirmative statement of relinquishment of all rights in the manufactured home by any owner on the certificate of title of the manufactured home who is not an owner of the real property to which the manufactured home is to be affixed or permanently located;
• In the case of a manufactured home that occupies real property subject to a long-term lease that has an express term of at least ten years, an affirmative statement that all owners of the real property and the manufactured home consent to the affixation of the manufactured home to the real property

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