(1) (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this article.
(b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be recorded in the office of the county clerk and recorder of the county in which the real property subject to the liens is situated.
(2) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:
If the person against whose interest the lien applies is a corporation, partnership, orlimited liability company whose chief executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state;
If the person against whose interest the lien applies is a trust that is not covered byparagraph (a) of this subsection (2), in the office of the secretary of state;
If the person against whose interest the lien applies is the estate of a decedent, in theoffice of the secretary of state;
In all other cases, where the person against whose interest the lien applies has his,her, or its principal residence in this state at the time of recording of the notice of lien, the notice of lien shall be recorded in the office of the secretary of state.
(2.5) (Deleted by amendment, L. 2001, p. 1431, § 11, effective July 1, 2001.)
Source: L. 69: R&RE, p. 694, § 1. C.R.S. 1963: § 86-6-2. L. 88: Entire section amended, p. 1255, § 3, effective July 1. L. 99: (2) amended and (2.5) added, p. 752, § 23, effective January 1, 2000. L. 2001: (2) and (2.5) amended, p. 1431, § 11, effective July 1.
Execution of notices and certificates. Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for the filing or certifying of notice of any other lien, entitles them to be filed, and no other attestation, certification, or acknowledgment is necessary.
Source: L. 69: R&RE, p. 694, § 1. C.R.S. 1963: § 86-6-3. L. 88: Entire section amended, p. 1256, § 4, effective July 1.
Duties of filing officer. (1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to a filing officer who is:
The secretary of state, then the secretary of state shall cause the notice to be marked,held, and indexed in accordance with the provisions of section 4-9-519, C.R.S., as if the notice were a financing statement within the meaning of such section; or
The county clerk and recorder, then the county clerk and recorder shall endorse thereon the county clerk and recorder's identification and the date and time of receipt and forthwith record and index in the real estate records in accordance with the provisions of sections 30-10-408 and 30-10-409, C.R.S., showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.
(2) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the secretary of state for filing, the secretary of state shall:
Cause a certificate of release or nonattachment to be marked, held, and indexed as ifthe certificate were a termination statement within the meaning of the "Uniform Commercial Code", but the notice of lien to which the certificate relates may not be removed from the files; and
Cause a certificate of discharge or subordination to be marked, held, and indexed asif the certificate were a release of collateral within the meaning of the "Uniform Commercial Code".
If a refiled notice of federal lien referred to in subsection (1) of this section or any ofthe certificates or notices referred to in subsection (2) of this section is presented for recording to any county clerk and recorder, such clerk and recorder shall enter the refiled notice or the certificate with the date of recording in the index in accordance with the provisions of sections 30-10-408 and 30-10-409, C.R.S.
Upon request of any person, the filing officer shall issue a certificate showing whether there is on file, or recorded on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this article, naming a particular person and, if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for the issuance of a certificate by the secretary of state shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., and the fee for the issuance of a certificate by a county clerk and recorder shall be five dollars. Upon request, the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien. The fee for furnishing and for certifying such copy and affixing the seal thereto shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., if furnished by the secretary of state, and the said fee shall be five dollars, if furnished by a county clerk and recorder.
Source: L. 69: R&RE, p. 694, § 1. C.R.S. 1963: § 86-6-4. L. 83: (4) amended, p. 1229, § 17, effective July 1; (4) amended, p. 880, § 50, effective July 1; (4) R&RE, p. 2056, § 37, effective October 14. L. 88: Entire section amended, p. 1256, § 5, effective July 1. L. 93: (1), IP(2), (3), and (4) amended, p. 438, § 5, effective July 1. L. 99: (1)(a), IP(2), and (4) amended, p. 753, § 24, effective January 1, 2000. L. 2001: (1)(a), IP(2), and (4) amended, p. 1432, § 12, effective July 1.
Cross references: For the provisions of the "Uniform Commercial Code", see title 4; for termination statement, see § 4-9-513.