Action to enforce.

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(1) No spurious lien or spurious document shall hold or affect any real or personal property longer than thirty-five days after the lien or document has been recorded or filed in the office of any state or local official or employee, including the office of the clerk and recorder of any county or city and county or the office of the Colorado secretary of state, unless within the thirty-five days:

  1. An action has been commenced to enforce such lien or document in the state districtcourt for the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado; and

  2. A notice of lis pendens stating that such an action has been commenced is recordedor filed in the office where the lien or document was recorded or filed.

(2) The notice of lis pendens required by paragraph (b) of subsection (1) of this section must comply with the requirements of section 38-35-110 and rule 105 (f) of the Colorado rules of civil procedure and must include the civil action number of the action that has been commenced to enforce the lien or document. Failure to comply with the requirements of this subsection (2) shall render the notice of lis pendens invalid.

Source: L. 97: Entire part added, p. 37, § 1, effective March 20. L. 2012: IP(1) amended, (SB 12-175), ch. 208, p. 895, § 169, effective July 1.


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