Colorado § 38-39-104 - Satisfaction of mortgage.
Full text of Colorado Colorado Revised Statutes § 38-39-104 — Satisfaction of mortgage., with citation guidance and answers to common questions.
§ 38-39-104. Satisfaction of mortgage.
The lien of any mortgage encumbering property within the state of Colorado can be released only by the mortgagee executing a separate instrument of release executed under the formalities prescribed by the law regulating conveyances. All releases made prior to July 1, 1973, either on the mortgage or on the record of the mortgage, and signed by the mortgagee, shall have the same effect as a separate instrument of release legally executed by the mortgagee.
Source: L. 90: Entire article R&RE, p. 1676, § 3, effective October 1.
Editor's note: This section is similar to former § 38-38-101, as it existed prior to 1990.
ANNOTATION
Law reviews. For note, "A Survey of the Colorado Torrens Act", see 5 Rocky Mt. L. Rev. 149 (1933).
Annotator's note. Since § 38-39-104 is similar to § 38-38-101 as it existed prior to the 1990 repeal and reenactment of article 38 and this article, relevant cases construing that provision have been included in the annotations to this section.
Presumption of satisfaction overcome by showing of late interest payment. The production of a note by the plaintiff at the trial, showing payment of interest months after the date of alleged payment, is sufficient to overcome any presumption arising from the record of a satisfaction of a mortgage securing a note of like description. Smith v. Stark, 3 Colo. App. 453, 34 P. 258 (1893).
Applied in Barth v. Deuel, 11 Colo. 494, 19 P. 471 (1888).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-39-104
What does Colorado Revised Statutes § 38-39-104 cover?
Section 38-39-104 ("Satisfaction of mortgage.") 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 § 38-39-104?
A common citation format is "Colorado Revised Statutes § 38-39-104" (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 § 38-39-104 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.