C.R.S. § 38-40.5-104: Effect of Mortgage Modification.
Where this section sits in the code
- Title 38 - PROPERTY - REAL AND PERSONAL
- Article 40.5 - Uniform Mortgage Modification Act
(a) For a mortgage modification described in subsection (b) of this section:
(1) The mortgage continues to secure the obligation as modified;
(2) The priority of the mortgage is not affected by the modification;
(3) The mortgage retains its priority regardless of whether a record of the mortgage modification is recorded in the office of the county clerk and recorder in the county where the property is located; and
(4) The modification is not a novation.
(b) Subsection (a) of this section applies to one or more of the following mortgage modifications:
(1) An extension of the maturity date of an obligation;
(2) A decrease in the interest rate of an obligation;
(3) If the change does not result in an increase in the interest rate of an obligation as calculated on the date the modification becomes effective:
(A) A change to a different index that is a recognized index if the previous index to which changes in the interest rate were linked is no longer available;
(B) A change in the differential between the index and the interest rate;
(C) A change from a floating or adjustable rate to a fixed rate; or
(D) A change from a fixed rate to a floating or adjustable rate based on a recognized index;
(4) A capitalization of unpaid interest or other unpaid monetary obligation;
(5) A forgiveness, forbearance, or other reduction of principal, accrued interest, or other monetary obligation;
(6) A modification of a requirement for maintaining an escrow or reserve account for payment of an obligation, including taxes and insurance premiums;
(7) A modification of a requirement for acquiring or maintaining insurance;
(8) A modification of an existing condition to advance funds;
(9) A modification of a financial covenant; and
(10) A modification of the payment amount or schedule resulting from another modification described in this subsection (b).
(c) The effect of a mortgage modification not described in subsection (b) of this section is governed by other law.
Collected 2026-09-14T18:37:45Z. Source file · JSON