How To Record A Colorado Quit Claim Deed - Documents Need To Be Done Right!

Learning how to record a Colorado quit claim deed is like anything else. It is easy once you do it a few times. Here are some key points to remember:

Properly execute your quit claim deed form.
Pay the transfer tax (if any) to the Colorado municipality using the resource links to the appropriate city or town.
Send your properly executed Colorado quit claim deed form to the proper county clerk and recorder for recording along with the recording fee, any documentary transfer fee, proof of payment of any transfer tax and a self addressed stamped envelope.
Confirm that your Colorado quit claim deed form was properly recorded.

Most Colorado counties have a clerk and recorder’s office. That is where Colorado quit claim deeds are typically filed.

The procedures for recording a Colorado quit claim deed differ from one Colorado county to the next. It is a good idea to use the resource links to find the exact information for each county and then call the county to verify the procedure (you can access the resource guide once you purchase the Colorado quit claim deed form).

The clerk and recorder can tell you how to record / file a Colorado quit claim deed, the proper recording fee, whether a documentary transfer fee is due and whether a local transfer tax applies, but the clerk and recorder cannot tell you how to draft the quit claim deed. So, please be polite and don’t ask that question.

Mail the properly executed Colorado quit claim deed form to the correct Colorado county along with the recording fee, the documentary transfer fee (if any), proof of payment of any transfer tax (if any) and a self addressed stamped envelope for return of your recorded quit claim deed.

While that may seem simple, many people send their Colorado quit claim deed form to the wrong county, don’t include a check for the recording fee, don’t include a separate check for the state documentary transfer fee, don’t make the check payable to the correct payee, don’t sign the check, etc.

This why it is very important to confirm your Colorado quit claim deed was properly recorded by examining the recording stamp and reception number. Just because you mail the Colorado quit claim deed to the clerk and recorder does NOT mean that the Colorado quit claim deed was actually recorded.

Some Colorado municipalities (cities and towns) have a transfer tax. The Colorado transfer tax is not the same “tax” as the nominal state documentary fee. Check the Deedmonkey resource guide for a listing of those cities and towns with a transfer tax.

If a transfer tax is due, you need to find out whether the clerk and recorder requires the tax to be paid before or after you record your Colorado quit claim deed. Many Colorado counties will require that you pay the Colorado transfer tax before recording the Colorado quit claim deed just to be sure you pay the tax.

You can use the Colorado resource guide to obtain the proper Colorado transfer tax form, access the municipality’s checklist for paying the Colorado transfer tax and to call the municipality to confirm the procedure. Most cities with a Colorado transfer tax are very helpful as long as you are polite and do not ask them how to draft the Colorado quit claim deed form.

Most municipalities also have a Colorado transfer tax exemption form for specific transfers that are not be subject to the Colorado transfer tax. You must download that municipality’s transfer tax exemption form to see if your transfer by Colorado quit claim deed qualifies for the exemption.

The Colorado resource guide on how to record a Colorado quit claim deed or how to file a Colorado quit claim deed contains links to most or not all of the Colorado transfer tax exemption forms. Besides a Colorado transfer tax, other entities may impose a fee on the transfer of Colorado real property by Colorado quit claim deed.

For example, Colorado real estate in a ski resort may be subject to a transfer fee levied by the resort. A Colorado timeshare association almost always has a fee imposed by the timeshare association on any transfer of real estate by Colorado quit claim deed.

A master homeowners’ association may impose a transfer fee pursuant to the recorded association documents. While these fees may not be imposed or monitored by the county clerk and recorder, failure to pay these fees can cause some problems for both the grantor (the person transferring the real property by Colorado quit claim deed) and the grantee (the person(s) receiving the Colorado real property).

Recording Fees Increase For Colorado Quitclaim Deed

As local governments look for any and every source of revenue, the cost of recording a Colorado quitclaim deed is on the rise. It is not just Colorado quitclaim deeds that are subject to the fee increase. Colorado warranty deeds, Colorado special warranty deeds, and all other documents with multiple grantors or grantees are seeing an increase.

We first received notice of the increase from Eagle County, Colorado. Pursuant to C.R.S. 30-1-103(4), an extra fee is being tacked on to Colorado quitclaim deeds containing multiple grantors or grantees.

Garfield County, Colorado has joined the increase in fees on Colorado quitclaim deeds. We suspect that other counties may have already raised their recording fees, but we have not received an official notice.

Always Double Check With the County Prior to Filing We advise you to always call the county to confirm the filing fee BEFORE mailing your Colorado quitclaim deed.

This is a good practice for all filings including Florida quitclaim deeds and quitclaim deeds for any state.

Attention! We are not attorneys and we are not lawyers. We cannot represent customers, select legal forms, or give advice on rights or laws. The article provided is for information ONLY and is NOT a substitute for the advice of a lawyer.