Colorado § 42-6-122 - Disposition of mortgages by agent - rules.

§ 42-6-122. Disposition of mortgages by agent - rules.

(1) The authorized agent, upon receipt of the mortgage, shall file the mortgage in the agent's office, appropriately indexed and cross-indexed:

(a) Under one or more of the following headings in accordance with the rules adopted by the director:

(I) Make or vehicle identification number of motor or off-highway vehicles mortgaged;

(II) Names of owners of mortgaged motor or off-highway vehicles as they appear on the certificates of title thereto;

(III) The numbers of the certificates of title for motor or off-highway vehicles mortgaged;

(IV) The numbers or other identification marks assigned to registration certificates issued upon the registration of mortgaged vehicles;

(b) Under the name of the mortgagee, the holder of the mortgage, or the owner of the vehicle; or

(c) Under such other system as the director may devise and determine to be necessary for the efficient administration of this part 1.

(2) All records of mortgages affecting motor or off-highway vehicles are public and may be inspected and copied, as is provided by law respecting public records affecting real property. A duly certified copy of the department's electronic record of the mortgage or lien is admissible in any civil, criminal, or administrative proceeding in this state as evidence of the existence of the mortgage or lien.

Source: L. 94: Entire title amended with relocations, p. 2459, § 1, effective January 1, 1995. L. 2000: IP(1) amended, p. 1663, § 16, effective July 1, 2001. L. 2009: IP(1)(a) and (1)(a)(I) amended, (HB 09-1089), ch. 196, p. 880, § 2, effective October 1. L. 2013: Entire section amended, (SB 13-280), ch. 407, p. 2387, § 18, effective June 5; (2) amended, (HB 13-1289), ch. 380, p. 2225, § 4, effective June 5.

Editor's note: (1) This section is similar to former § 42-6-121 as it existed prior to 1994, and the former § 42-6-122 was relocated to § 42-6-123.

(2) Amendments to subsection (2) by House Bill 13-1289 and Senate Bill 13-280 were harmonized.

Cross references: For the legislative declaration in the 2013 act amending subsection (2), see section 1 of chapter 380, Session Laws of Colorado 2013.