|The Colorado Lawyer|
Vol. 26, No. 11 [Page 54]
© 1997 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.
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New Title Standard 9.2.7
The Title Standards Committee of the Colorado Bar Association's Real Estate Section, chaired by Mark Welch, has promulgated the following new Title Standard 9.2.7. This new title standard is part of the Committee's efforts to develop title standards for real estate practice involving new entity forms, such as LLCs, LLPs, and LLLPs. The Colorado Real Estate Title Standards are published annually by Attorneys Title Guaranty Fund, Inc. and are provided at no cost to members of the CBA. If you would like a copy of the Colorado Real Estate Title Standards, please call Attorneys Title at (303) 292-3055 in Denver.
9.2.7 Scope of Acknowledgment Statute
Problem: The form of acknowledgment contained in CRS § 38-35-101 refers only to natural persons, persons acting in a representative or official capacity or as an attorney-in-fact and to officers of a corporation as the persons who may be the subject of an acknowledgment. A recorded deed or other instrument relating to or affecting title to real property is acknowledged substantially in accordance with the form of acknowledgment specified in CRS § 38-35-101, by a person acting on behalf of an entity not specified in such Section (for example, "by ____[Name of Person]____ as Manager of ABC LLC, a Colorado limited liability company"). For the purpose of determining marketable title, should such instrument be accepted as prima facie evidence of the matters set forth in subsections (2), (3)(a), (3)(b) and (4) of CRS § 38-35-101?
See CRS § 38-34-101, and Birkby v. Wilson, 92 Colo. 281, 19 P.2d 490 (1933).
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