Colorado Quiet Title Action Complaint and Lis Pendens

DISTRICT COURT, [____] COUNTY, COLORADO

Court Address: [________________________________]

Attorney for Plaintiff:
Name: [________________________________]
Atty. Reg. #: [____________]
Address: [________________________________]
Phone: [______________] Email: [______________]

Case Number: [____________]
Division: [______] Courtroom: [______]

VERIFIED COMPLAINT TO QUIET TITLE (C.R.C.P. 105) AND NOTICE OF LIS PENDENS (C.R.S. § 38-35-110)

Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff"), by and through undersigned counsel, brings this Verified Complaint pursuant to C.R.C.P. 105 against the above-named Defendants and all unknown persons claiming any interest in the Subject Property, and alleges as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is an individual / entity residing at / with its principal place of business at [________________________________], and is the record owner / claimant of fee simple title to the real property described below.

2. Defendant [DEFENDANT 1] is, upon information and belief, an individual / entity residing at [________________________________], who claims or may claim an estate, interest, or lien in the Subject Property adverse to Plaintiff.

3. Defendant [DEFENDANT 2] is, upon information and belief, [________________________________].

4. Defendants identified as "ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION" are joined pursuant to C.R.C.P. 105(f) and include all unknown heirs, devisees, assigns, successors, and any other persons claiming any right, title, interest, lien, or estate in the Subject Property.

5. This Court has subject matter jurisdiction pursuant to C.R.S. § 13-1-124 and C.R.C.P. 105, because this action concerns title to real property situated in [____] County, Colorado.

6. Venue is proper in this Court pursuant to C.R.C.P. 98(a), as the real property that is the subject of this action is located in [____] County, Colorado.

II. THE SUBJECT PROPERTY

7. The real property at issue (the "Subject Property") is located in [____] County, Colorado, and is legally described as follows:

Legal Description:
[________________________________________________________________
________________________________________________________________
________________________________________________________________]

Street Address (for reference only): [________________________________]
Schedule/Parcel Number: [____________]
Reception/Recording Number of Plaintiff's Vesting Deed: [____________]

III. PLAINTIFF'S CLAIM OF TITLE

8. Plaintiff acquired record title to the Subject Property by [Warranty Deed / Special Warranty Deed / Quitclaim Deed / Personal Representative's Deed / Treasurer's Deed / Other: ______] dated [__/__/____], from [________________________________], recorded on [__/__/____] in the records of the Clerk and Recorder of [____] County, Colorado, at Reception No. [____________] (Book [____], Page [____]).

9. Plaintiff's chain of title is summarized in the attached Exhibit A (Title Commitment / Ownership and Encumbrance Report) and Exhibit B (Plaintiff's Vesting Deed).

10. Plaintiff is in actual / constructive possession of the Subject Property and has paid all real property taxes assessed against the Subject Property since [____].

IV. CLOUDS ON TITLE / ADVERSE CLAIMS

11. The following instruments, claims, or conditions constitute clouds on Plaintiff's title that must be removed by this Court:

☐ A deed dated [__/__/____], recorded at Reception No. [____________], purportedly conveying an interest from [____________] to [____________].

☐ A mortgage / deed of trust dated [__/__/____], recorded at Reception No. [____________], in favor of [____________], the underlying obligation of which has been satisfied, paid, or barred by the applicable statute of limitations (C.R.S. § 13-80-103.5; lien extinguished per C.R.S. § 38-39-207).

☐ A judgment lien / mechanic's lien / tax lien / HOA lien recorded at Reception No. [____________].

☐ A defective or ambiguous legal description in deed recorded at Reception No. [____________].

☐ A break in the chain of title between [____________] and [____________].

☐ Claims of unknown heirs of [DECEASED OWNER NAME], who died on [__/__/____].

☐ Other: [________________________________].

12. Plaintiff has demanded that Defendants release or disclaim their adverse claims, but Defendants have refused or failed to do so, requiring judicial intervention.

V. FIRST CLAIM FOR RELIEF — QUIET TITLE (C.R.C.P. 105)

13. Plaintiff incorporates the preceding paragraphs by reference.

14. Pursuant to C.R.C.P. 105, Plaintiff seeks a complete adjudication of the rights of all parties with respect to the Subject Property.

15. Plaintiff is the rightful owner in fee simple of the Subject Property, free and clear of any right, title, estate, lien, or interest claimed by Defendants.

16. Plaintiff is entitled to a decree quieting title in Plaintiff's name and forever barring Defendants from asserting any right, title, estate, lien, or interest in the Subject Property adverse to Plaintiff.

VI. SECOND CLAIM FOR RELIEF (ALTERNATIVE) — ADVERSE POSSESSION

17. Plaintiff incorporates the preceding paragraphs by reference.

18. In the alternative, Plaintiff and Plaintiff's predecessors in interest have been in actual, adverse, hostile, open, notorious, exclusive, and continuous possession of the Subject Property under claim of right for a period of:

☐ Eighteen (18) years or more, pursuant to C.R.S. § 38-41-101(1), constituting conclusive evidence of absolute ownership.

☐ Seven (7) years or more under color of title, with payment of all property taxes assessed during that period, pursuant to C.R.S. § 38-41-108.

19. The possession commenced on or about [__/__/____] and has continued without interruption.

20. Acts evidencing possession include: [fencing / cultivation / improvements / residence / payment of taxes / maintenance / other: ______].

21. Plaintiff's adverse possession satisfies the clear and convincing evidence standard required by C.R.S. § 38-41-101(3)(a).

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment as follows:

A. Decreeing that Plaintiff is the owner in fee simple of the Subject Property, free and clear of all claims of the Defendants and all unknown persons;

B. Forever barring and enjoining Defendants and all unknown persons from asserting any right, title, estate, lien, or interest in the Subject Property adverse to Plaintiff;

C. Ordering that the recorded instruments identified in Paragraph 11 above be cancelled, voided, expunged, and released of record;

D. Directing the Clerk and Recorder of [____] County to record a certified copy of this Court's decree as part of the chain of title;

E. Awarding Plaintiff costs, including reasonable attorney's fees if permitted by statute, contract, or rule;

F. Granting such other and further relief as this Court deems just and proper.

Respectfully submitted this [____] day of [__________], 20[____].

[________________________________]
[Attorney Name], #[______]
Attorney for Plaintiff

VERIFICATION

STATE OF COLORADO )
) ss.
COUNTY OF [____] )

I, [PLAINTIFF FULL NAME], being first duly sworn upon oath, depose and state: I am the Plaintiff in the foregoing action; I have read the foregoing Verified Complaint; and the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[Plaintiff Signature]

Subscribed and sworn to before me this [____] day of [__________], 20[____], by [PLAINTIFF NAME].

[________________________________]
Notary Public
My commission expires: [__/__/____]

[SEAL]

NOTICE OF LIS PENDENS

(C.R.S. § 38-35-110)

TO: The Clerk and Recorder of [____] County, Colorado, and to all persons interested.

NOTICE IS HEREBY GIVEN that the above-captioned action affecting title to real property was commenced in the District Court for [____] County, Colorado, on [__/__/____], by the following party:

Plaintiff: [PLAINTIFF FULL NAME]
Defendants: [DEFENDANT NAMES] and all unknown persons who claim any interest in the subject matter of this action.
Court: District Court, [____] County, Colorado
Case Number: [____________]

The real property affected by said action is located in [____] County, Colorado, and is legally described as:

[LEGAL DESCRIPTION — INSERT VERBATIM FROM EXHIBIT A]

Street Address (for reference only): [________________________________]
Parcel/Schedule Number: [____________]

The object of the action is to quiet title to the above-described real property in the name of Plaintiff, and to obtain a complete adjudication of the rights of all parties with respect to the property pursuant to C.R.C.P. 105.

From the time of recording of this Notice, this Notice constitutes notice under C.R.S. § 38-35-110 to any person thereafter acquiring an interest in the described real property by, through, or under any party named herein, that the interest so acquired may be affected by this action.

DATED this [____] day of [__________], 20[____].

[________________________________]
[Attorney Name], #[______]
Attorney for Plaintiff
[Address]
[Phone] / [Email]

STATE OF COLORADO )
) ss.
COUNTY OF [____] )

The foregoing instrument was acknowledged before me this [____] day of [__________], 20[____], by [Attorney Name], as attorney for Plaintiff.

[________________________________]
Notary Public
My commission expires: [__/__/____]

[SEAL]

DISTRICT COURT SUMMONS

DISTRICT COURT, [____] COUNTY, COLORADO
Case No. [____________]

TO THE DEFENDANT(S): [DEFENDANT NAME(S)]

You are hereby summoned and required to file with the Clerk of this Court an answer or other response to the attached Complaint. If service of the Summons and Complaint was made upon you within the State of Colorado, you must file your answer or other response within twenty-one (21) days after such service upon you. If service of the Summons and Complaint was made upon you outside of the State of Colorado, or by publication, or if a copy of the Complaint was not served with this Summons, you must file your answer or other response within thirty-five (35) days after such service upon you. Your answer or counterclaim must be accompanied with the applicable filing fee.

If you fail to file your answer or other response to the Complaint in writing within the applicable time period, the Court may enter judgment by default against you for the relief demanded in the Complaint without further notice.

Dated: [__/__/____]

[________________________________]
[Attorney Name], #[______]
Attorney for Plaintiff

SERVICE BY PUBLICATION — AFFIDAVIT AND NOTICE

(C.R.C.P. 4(g) and C.R.C.P. 105(b))

A. Motion for Service by Publication

Plaintiff respectfully moves this Court for an Order authorizing service by publication upon the Defendants identified as: [DEFENDANT NAMES] and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.

In support, Plaintiff submits the attached Affidavit of Due Diligence demonstrating that personal service cannot be effected with reasonable diligence.

B. Affidavit of Due Diligence

I, [AFFIANT NAME], being first duly sworn, state:

1. I am [counsel for Plaintiff / Plaintiff / investigator] in the above-captioned action.

2. I have made the following efforts to locate the Defendants for personal service:

☐ Searched recorded instruments in the [____] County Clerk and Recorder.
☐ Searched the [____] County Assessor's records for last-known address.
☐ Searched Colorado Secretary of State business filings.
☐ Searched Colorado Department of Revenue / Motor Vehicle records (where authorized).
☐ Conducted commercial skip-trace search on [__/__/____].
☐ Searched obituary and probate records for deceased defendants.
☐ Sent certified mail to last known address(es): [______], returned [______].
☐ Attempted personal service by sheriff/process server on [__/__/____]; unsuccessful because [______].
☐ Other: [________________________________].

3. Despite diligent efforts, the Defendants cannot be located within the State of Colorado.

[________________________________]
[Affiant Signature]

Subscribed and sworn to before me this [____] day of [__________], 20[____].

[________________________________]
Notary Public

C. Form of Published Notice

NOTICE TO DEFENDANTS BY PUBLICATION

District Court, [____] County, Colorado
Case No. [____________]

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAMES] and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION, Defendants.

TO THE ABOVE-NAMED DEFENDANTS:

You are notified that a Verified Complaint to Quiet Title has been filed against you in the above-captioned Court concerning real property in [____] County, Colorado, legally described as: [INSERT LEGAL DESCRIPTION OR ABBREVIATED DESCRIPTION].

You are required to file an answer or other response with the Clerk of the District Court within thirty-five (35) days after the last date of publication of this Notice. If you fail to do so, judgment by default may be taken against you for the relief demanded in the Complaint.

Plaintiff's Attorney: [NAME, ADDRESS, PHONE]

Date of First Publication: [__/__/____]
Date of Last Publication: [__/__/____]

TITLE SEARCH AND CHAIN-OF-TITLE EXHIBIT

(Exhibit A — Required Attachment)

Chain of Title Summary

Recorded Encumbrances / Clouds to Be Removed

Tax Payment History (for adverse possession claims under § 38-41-108)

Sources and References

• C.R.C.P. 105 — Actions Concerning Real Property
• C.R.S. § 38-41-101 — Eighteen-Year Adverse Possession (https://leg.colorado.gov/)
• C.R.S. § 38-41-108 — Seven-Year Color of Title + Tax Payment
• C.R.S. § 38-35-110 — Lis Pendens (https://codes.findlaw.com/co/title-38)
• C.R.C.P. 4(g) — Service by Publication
• Smith v. Hayden, 772 P.2d 47 (Colo. 1989) — adverse possession elements
• Argus Real Estate, Inc. v. E-470 Pub. Highway Auth., 109 P.3d 604 (Colo. 2005)

Disclaimer: This template does not constitute legal advice. Colorado quiet title actions involve case- and county-specific procedural nuances (publication, guardian ad litem for minors/incompetents, treasurer's deeds, mineral severance, HOA notice). Engage a licensed Colorado attorney and obtain a current title commitment before filing.