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SUPREME COURT, STATE OF COLORADO Court Address: 2 East Fourteenth Avenue Fourth Floor Colorado State ... - page 10 / 22





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recorded, giving them constructive notice of the lien, and preventing them from having the

requisite "good faith" to invoke the doctrine. The court's analysis is directly applicable to this


The relevant question in this case is whether record notice of the judgment lien is to be equated with actual knowledge. Colorado law clearly answers the foregoing question in the affirmative. Appleman v. Gara, 22 Colo. 397, 45 P. 366, 366 (1896). This is an essential aspect of Colorado's recording statute, Colo. Rev. Stat. § 38-35-109 (Repl. Vol. 16A 1982). Under that statute, a properly recorded instrument constitutes notice to all the world of the claimant's interest, and one who has been given such notice is not permitted to say that he lacked the knowledge with which the law charged him. Botkin v. Pyle, 91 Colo. 221, 14 P. 2d 187, 192 (1932); see also Delta County Land and Cattle Co. v. Talcott, 17 Colo. App. 316, 68 P. 985, 987 (1902). Obviously this rule frustrates the expectations of purchasers who fail to heed record notice of defects in their titles, even when they have acted out of the purest innocence. This result is justified by the overriding policy of ensuring certainty in the law regarding interests in land. The Colorado legislature has specifically directed that the recording act be construed liberally with a view toward rendering titles and interests in real property more secure and marketable, and enabling interested parties to rely on record title. Colo. Rev. Stat. § 38-34-101 (Repl. Vol. 16A 1982).

Id. at ** 12-13 (emphasis added).

There are a number of Colorado cases more recent than the ones cited in Mooring that

also unequivocally state that constructive notice has the same effect as actual notice. In Arnove

  • v.

    First Federal Savings & Loan Association of Tarpon Springs, 713 P.2d 1329 (Colo. App.

    • 1985)

      , the Court of Appeals said, "We are not persuaded by plaintiff's argument that he was

unaware of the existence of any lien claimants. Under the pertinent recording statute, a person is

deemed to have constructive notice of any instrument encumbering the title to real property once

the document has been recorded in the office of the county clerk and recorder. . . ." Id. at 1331.

In Franklin Bank v. Bowling, 74 P.3d 308 (Colo. 2003), this court said that constructive notice


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