Colorado § 42-6-128 - Validity of mortgage between parties.
Full text of Colorado Colorado Revised Statutes § 42-6-128 — Validity of mortgage between parties., with citation guidance and answers to common questions.
§ 42-6-128. Validity of mortgage between parties.
Nothing in this part 1 impairs the validity of a mortgage on a motor or off-highway vehicle between the parties as long as no purchaser for value, mortgagee, or creditor without actual notice of the existence of a mortgage has acquired an interest in the motor or off-highway vehicle described in the mortgage, notwithstanding that the parties to the mortgage have failed to comply with this part 1.
Source: L. 94: Entire title amended with relocations, p. 2462, § 1, effective January 1, 1995. L. 2013: Entire section amended, (SB 13-280), ch. 407, p. 2390, § 24, effective June 5.
Editor's note: This section is similar to former § 42-6-127 as it existed prior to 1994, and the former § 42-6-128 was relocated to § 42-6-130.
ANNOTATION
Annotator's note. Since § 42-6-128 is similar to § 42-6-127 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included in the annotations to this section.
By virtue of this section the failure to have a certificate of title issued does not defeat the contractual rights of the seller. Randall v. Carroll, 30 Colo. App. 45, 488 P.2d 250 (1971).
Persons with no right in vehicle not protected by § 42-6-119. Where a party has no rights to a motor vehicle, having been divested of all ownership, he is not within the four categories of persons protected by the filing requirements of § 42-6-119. People v. Armijo, 197 Colo. 91, 589 P.2d 935 (1979).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 42-6-128
What does Colorado Revised Statutes § 42-6-128 cover?
Section 42-6-128 ("Validity of mortgage between parties.") 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 § 42-6-128?
A common citation format is "Colorado Revised Statutes § 42-6-128" (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 § 42-6-128 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.