Colorado § 38-39-205 - Action to be brought within fifteen years.
Full text of Colorado Colorado Revised Statutes § 38-39-205 — Action to be brought within fifteen years., with citation guidance and answers to common questions.
§ 38-39-205. Action to be brought within fifteen years.
No action shall be commenced to foreclose the lien of any mortgage or deed of trust, unless such action is commenced prior to the date on which such mortgage or deed of trust ceases to be a lien pursuant to sections 38-39-201 and 38-39-202.
Source: L. 90: Entire article R&RE, p. 1677, § 3, effective October 1.
Editor's note: This section is similar to former § 38-40-105, as it existed prior to 1990.
ANNOTATION
Law reviews. 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).
This section provides for a statute of limitations not a statute of repose. Unlike a statute of repose, which bars a claim after a certain period of time regardless of whether an actual injury has occurred or a claim has arisen, this section takes effect when a claim arises and determines how soon thereafter an action on the claim must commence. Mortg. Invs. Corp. v. Battle Mtn. Corp., 70 P.3d 1176 (Colo. 2003).
This section governs an action to foreclose on a deed of trust when a party has commenced suit for default on an original promissory note within the applicable six-year statute of limitations and thereafter has reduced the note to judgment. Mortg. Invs. Corp. v. Battle Mtn. Corp., 70 P.3d 1176 (Colo. 2003).
A creditor may enforce payment of a debt evidenced by the reduction of a promissory note to judgment in two ways. The creditor may commence an action to execute the judgment lien within the six-year limitations period established by § 13-52-102 or may commence an action to foreclose on the original deed of trust within the 15-year limitations period established by this section. Mortg. Invs. Corp. v. Battle Mtn. Corp., 70 P.3d 1176 (Colo. 2003).
Applied in Obduskey v. Wells Fargo, 879 F.3d 1216 (10th Cir. 2018), aff'd sub nom. Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-39-205
What does Colorado Revised Statutes § 38-39-205 cover?
Section 38-39-205 ("Action to be brought within 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 § 38-39-205?
A common citation format is "Colorado Revised Statutes § 38-39-205" (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 § 38-39-205 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.