Colorado § 38-39-201 - Liens not to run over fifteen years.

Full text of Colorado Colorado Revised Statutes § 38-39-201 — Liens not to run over fifteen years., with citation guidance and answers to common questions.

§ 38-39-201. Liens not to run over fifteen years.

(1) Except as provided in sections 38-39-202 and 38-39-204, any lien upon property created by a mortgage or deed of trust shall cease to be a lien fifteen years after the date on which the final payment or performance of the obligation secured thereby is due as shown by such mortgage or deed of trust recorded in the office of the county clerk and recorder of the county wherein the property is located.

(2) If the date on which the final payment or performance is due cannot be determined from the information contained in the recorded mortgage or deed of trust, such date shall, for the purpose of this article, be considered to be the date of the recorded instrument or, if the instrument is undated, the date the instrument was first recorded, notwithstanding anything in any other instrument or any unrecorded instrument to the contrary.

Source: L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.

Editor's note: This section is similar to former §§ 38-40-101 and 38-40-106, as they existed prior to 1990.

ANNOTATION

Law reviews. For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 16 Dicta 71 (1940). For article, "Colorado Bar Association Acts on Important Matters", see 19 Dicta 37 (1942). For article, "Bar Association Warns Holders of Encumbrances", see 19 Dicta 65 (1942). For article, "Curative Statutes of Colorado Respecting Titles to Real Estate", see 26 Dicta 281 (1949). For article, "Summary of Denver Bar-Sponsored Bills Passed by General Assembly", see 28 Dicta 173 (1951). For article, "Foreclosure by Sale by Public Trustee of Deeds of Trust in Colorado", see 28 Dicta 437 (1951). For article, "Discharge of Security Transactions", see 26 Rocky Mt. L. Rev. 115 (1954).

Annotator's note. Since § 38-39-201 is similar to § 38-40-101 as it existed prior to the 1990 repeal and reenactment of this article and article 40, relevant cases construing that provision have been included in the annotations to this section.

Reformation of foreclosed mortgage to correct mistake. This section and § 38-39-205 do not impose a limitation on the right to have a mortgage, already foreclosed, reformed to correct a mistake therein. Stubbs v. Standard Life Ass'n, 125 Colo. 278, 242 P.2d 819 (1952).

Applied in Birkby v. Wilson, 92 Colo. 281, 19 P.2d 490 (1933).

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 38-39-201

What does Colorado Revised Statutes § 38-39-201 cover?

Section 38-39-201 ("Liens not to run over fifteen years.") 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 § 38-39-201?

A common citation format is "Colorado Revised Statutes § 38-39-201" (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 § 38-39-201 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.