Colorado § 38-35-116 - Variances in names in instruments affecting the title to real property.

§ 38-35-116. Variances in names in instruments affecting the title to real property.

(1) (a) The middle name or the initial of a middle name appearing in a name contained in an instrument affecting the title to real property or in a signature or an acknowledgment shall be deemed prima facie to be a material part of such name.

(b) One or more of the following variances between any two instruments affecting the title to the same real property shall not destroy or impair the presumption that the person so named is the same person in both instruments:

(I) The full first name appearing in one and only the initial letter of that first name appearing in the other;

(II) A full middle name appearing in one and only the initial letter of that middle name appearing in the other;

(III) The initial letter of a middle name appearing in one and not appearing in the other; or

(IV) A full middle name appearing in one and not appearing in the other.

(c) In spite of a variance described in paragraph (b) of this subsection (1), the person so named in both instruments shall be presumed to be the same person until such time as the contrary appears, and, until such time, such instruments, the record of such instruments, or a certified copy of the record of such instruments shall be admissible in evidence as though the names in the two instruments were identical.

(2) (Deleted by amendment, L. 2003, p. 833, § 1, effective August 6, 2003.)

(3) The word "instruments" as used in this section means not only instruments voluntarily executed but also papers filed or issued in or in connection with actions and other proceedings in court and orders, judgments, and decrees entered therein and transcripts of such judgments, proceedings in foreclosure pursuant to powers of sale, certificates of birth, certificates of death, and certificates of marriage.

Source: L. 41: p. 607, § 1. CSA: C. 40, § 117(4). CRS 53: § 118-6-16. L. 61: p. 644, § 1. C.R.S. 1963: § 118-6-16. L. 73: p. 613, § 4. L. 2003: (1) and (2) amended, p. 833, § 1, effective August 6.

ANNOTATION

Law reviews. For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 321 (1949). For article, "Guess Who's Coming to Closing", see 11 Colo. Law. 689 (1982). For article, "Signatures on Documents Affecting Title to Colorado Real Property — Part I", see 12 Colo. Law. 61 (1983).

This section supports a conclusion that, when an individual uses a first initial, the individual's middle name is deemed to be material in identifying such individual rather than a conclusion that the difference between a full first name and an initial is presumed to be material. Franklin Bank, N.A. v. Bowling, 74 P.3d 308 (Colo. 2003).

When an individual uses an initial rather than a first name, the individual's middle name carries more import. Franklin Bank, N.A. v. Bowling, 74 P.3d 308 (Colo. 2003).