(1) If a person who desires or who is entitled to a filing of a certificate of title to a motor or off-highway vehicle is required to apply to the director or the authorized agent, the applicant shall apply upon a form provided by the director in which appears a description of the motor or off-highway vehicle including the make and model, the manufacturer's number, and a description of any other distinguishing mark, number, or symbol placed on the vehicle by the vehicle manufacturer for identification purposes, as may be required by the director by rule adopted in accordance with article 4 of title 24, C.R.S. The application must show the name and correct address of the owner determined pursuant to section 42-6-139, a class A, class B, class C, class D, or class F vehicle owner's personal identification number as provided on a state-issued driver's license or assigned by the department, and the applicant's source of title and must include a description of all known mortgages and liens upon the motor or off-highway vehicle, the holder of the lien, the amount originally secured, and the name of the county and state if the owner holds a certificate of title or the state if the owner does not hold a certificate of title where the mortgage, lien, or financing statement is recorded or filed. The application must be verified by a statement signed by the applicant and must contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.
(2) Upon receipt of an application by the owner of a motor or off-highway vehicle that is subject to a lien or mortgage, the authorized agent shall not issue a certificate of title unless the owner includes a signed original or signed duplicate of the mortgage or copy thereof, certified by the holder of the mortgage or the holder's agent to be a true copy of the signed original mortgage. Upon receiving the mortgage, the authorized agent shall comply with sections 42-6-121 (2), 426-122, and 42-6-123 concerning the lien or mortgage.
Source: L. 94: Entire title amended with relocations, p. 2456, § 1, effective January 1, 1995. L. 2000: Entire section amended, p. 1660, § 10, effective July 1, 2001. L. 2005: Entire section amended, p. 815, § 14, effective August 8; entire section amended, p. 694, § 2, effective January 1, 2007. L. 2007: Entire section amended, p. 496, § 1, effective August 3. L. 2013: Entire section amended, (SB 13-280), ch. 407, p. 2383, § 13, effective June 5.
Editor's note: (1) This section is similar to former § 42-6-114 as it existed prior to 1994, and the former § 42-6-116 was relocated to § 42-6-118.
(2) Amendments to this section by House Bill 05-1019 and Senate Bill 05-038 were harmonized, effective January 1, 2007.