Colorado § 39-1-109 - Taxes paid by mortgagee - effect.
Full text of Colorado Colorado Revised Statutes § 39-1-109 — Taxes paid by mortgagee - effect., with citation guidance and answers to common questions.
§ 39-1-109. Taxes paid by mortgagee - effect.
If the mortgagor of real property fails or neglects to pay the taxes levied on such property or permits such property to be sold for taxes, the mortgagee may pay said taxes or redeem such property if sold for taxes, and any taxes so paid or redeemed shall become and be a lien upon such real property until the same have been repaid to the mortgagee. Upon payment of any such mortgage or in an action to enforce the same, such mortgagee may demand the taxes so paid or redeemed, with interest thereon at the same rate specified in the mortgage, and the same shall be included in any judgment rendered on the mortgage. The term "mortgage" includes deeds of trust, and the term "mortgagee" includes the beneficiary of a deed of trust.
Source: L. 64: R&RE, p. 678, § 1. C.R.S. 1963: § 137-1-9. L. 73: p. 1417, § 100.
ANNOTATION
Law reviews. For article, "Property Taxation of Oil and Gas Interests", see 24 Rocky Mt. L. Rev. 170 (1952).
Annotator's note. The following annotations include cases decided under this section as it existed prior to its 1964 repeal and reenactment.
Mortgagee must look to land for reimbursement. Payment of taxes upon mortgaged land affords to the mortgagee no personal action against the mortgagor, in the absence of a covenant to this effect; he must look to the land for reimbursement. Gilmour v. First Nat'l Bank, 21 Colo. App. 301, 121 P. 767 (1912).
Mortgagee entitled to credit for amounts paid for taxes as against mortgagors in an action by mortgagors for an accounting and to redeem. Dubois v. Bowles, 30 Colo. 44, 69 P. 1067 (1902).
Applied in Kansas City Life Ins. Co. v. Prowers County Oil & Gas Co., 81 Colo. 177, 254 P. 438 (1927).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 39-1-109
What does Colorado Revised Statutes § 39-1-109 cover?
Section 39-1-109 ("Taxes paid by mortgagee - effect.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 39-1-109?
A common citation format is "Colorado Revised Statutes § 39-1-109" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 39-1-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.