Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
Under Colorado law, verifying all individuals with an interest in real property requires identifying every person or entity holding an ownership stake, lien, easement, or other recorded interest. You must gather proper information and documentation to satisfy statutory recording requirements and ensure clear title.
1. Identifying Natural Persons
- Full legal name and any known aliases.
- Date of birth.
- Current mailing address.
- Government-issued photo identification (e.g., driver’s license or passport).
- Notarial acknowledgment of each signature before a Colorado notary public, per C.R.S. §38-30-121 (revisor.colorado.gov/statutes/38-30-121).
2. Entity Interests
- Legal name of the entity and its business structure (e.g., corporation or LLC).
- Certificate of good standing issued by the Colorado Secretary of State: sos.state.co.us.
- Governing documents (articles of incorporation, operating agreement, or bylaws).
- Resolution or other authorization showing who may sign on behalf of the entity (C.R.S. §7-108-101).
- Notarial acknowledgment of the authorized representative’s signature under C.R.S. §38-30-121.
3. Marital or Community Property Interests
Although Colorado follows common law for property ownership, spouses may have rights under the Colorado Uniform Marital Property Act. To address spousal interests:
- Include a spousal joinder or waiver if required by the parties.
- Obtain an affidavit of marital status when one spouse does not participate in signing but waives rights.
4. Title Examination and Chain of Title
- Order a full chain-of-title search from the county clerk and recorder’s office where the property sits.
- Review recorded deeds, mortgages, easements, liens, judgments, and releases.
- Confirm that prior interests have been released, satisfied, or subordinated.
5. Recording Requirements
- Ensure deed form, signature, and acknowledgment comply with C.R.S. §38-30-109 (revisor.colorado.gov/statutes/38-30-109).
- Complete notarial blocks as required by C.R.S. §38-30-121.
- Submit all original documents to the county clerk and recorder’s office for recording.
Statutory References
- C.R.S. §38-30-109: Deed form, execution, and date requirements (revisor.colorado.gov/statutes/38-30-109).
- C.R.S. §38-30-121: Notarial acknowledgment of deed signatures (revisor.colorado.gov/statutes/38-30-121).
- C.R.S. §7-108-101: Definitions governing corporate and LLC authority (revisor.colorado.gov/statutes/7-108-101).
Helpful Hints
- Begin with a comprehensive title search to identify every recorded interest.
- Verify that each notarial acknowledgment strictly follows Colorado statute.
- Prepare entity resolutions or trust certificates to confirm signing authority.
- Use a certificate of trust when property is held in trust to simplify recording.
- Consult a Colorado real estate attorney for complex transactions or title defects.