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Breaking: Notice of Change to Colorado Recording Fees

Published: November 02, 2016

Good Morning CMLA members,

I am writing in an effort to notify you of a change in Colorado recording fees statewide that will take effect on January 1, 2017.

The essential summary of what is changing is that the Recording fee for the first page of every document that is recorded on or after January 1, 2017 in Colorado will increase by $2.00.  This will bring the recording fees to $13.00 for the first page and $5.00 for each additional page of each recorded document after January 1, 2017.  This will affect all documents recorded in the State, so all closing documents that need to be recorded (deeds of trust, warranty deeds, assignments etc.) and also servicing documents that need to be recorded (releases of deeds of trust) will be affected.  I have been told by representatives from the county clerks association that any document or package of documents received for recording after January 1st with incorrect recording fees will be rejected, so getting the fees right the first time is very important.

As background, this is what the Colorado County Clerks association just announced regarding this change:

“On behalf of the Colorado County Clerk’s Association, I want to notify you of the following upcoming changes to our statewide recording fees.

Effective January 1, 2017 in accordance with Senate Bill 2016-115, the e-recording technology fund fee will increase to $3.00 (from the current $1.00 fee) per recorded document (C.R.S. 30-10-421) for a period of five years. This will bring the fees to $13.00 for the first page and $5.00 for each additional page. One dollar of the fee will be retained by the county, and two dollars will be distributed to the E-Recording Technology Fund. This state enterprise fund will be accessed by counties through a grant program.

This fee was originally established in 2002 to implement and support utilizing technology to create a more efficient and accessible recording system. This program has been extremely successful and as a result Colorado was the first state in the nation to have electronic recording technology in every county. In order to modernize and replace these aging systems, additional funds and a program to update, maintain, and improve current systems is vital.

Senate Bill 16-115 also established the Electronic Recording Technology Board that will develop the program to create, maintain, improve or replace the current systems. The Board will administer the grants program as well as develop requirements for future systems that reflect the stated goals of accuracy, security and online access. This is a public board appointed by the Governor, General Assembly and the Secretary of State with representatives from the counties, the state and the industry. For more information on the Board including members, meeting agendas and minutes, and other materials, go to the Secretary of State webpage here: http://www.sos.state.co.us/pubs/newsRoom/electronicRecordingTech/committee.html

The County Clerks Association has asked us to help get the word out to everyone on both the production and servicing sides of the business along with all of the vendors who provide services to our industry who might be affected by this change.  In addition to CMLA getting this word out to our members, the Land Title Association of Colorado, the Colorado Association of Realtors, the Independent Bankers of Colorado, the Colorado Bankers Association, the Colorado Association of Homebuilders and the Colorado Bar Association along with the Division of Real Estate and the Division of Insurance will communicate these changes to their members/licensees.

Please be sure to incorporate these changed fees when preparing Loan Estimates, Closing Disclosures and any releases of deeds-of-trust that will be recorded after the first of the new year.

Terry Jones, CMB, CML
Chairman, Legislative and Regulatory Affairs Committee
Colorado Mortgage Lenders Association