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Recording


Recording of Documents

There is no charge to search records on file in this office. Please be aware, however, that by statute the clerks are not allowed to do searches for you. Title and abstract companies must do the searches or you must do your own. The time frame for web access is 1860 to current, but between 1860-1986 you can only search by Grantor/Grantee. To search on the web you will need to be in the Clerk and Recorders site, then click on public record search. After agreeing to the terms you will see a dual purpose screen. The left side allows free index search but you cannot see or print images. The right side allows you to register with a password and pay by credit card. The image fee is $0.25 per page and $0.50 convenience fee per document. Certified copies are not available from the web and must be requested from the office. Requests can be made at copyrequest@fremontco.com (payment due up front.)

Due to the wide variety and large volume of documents, it is not possible to list them all. The following is a guide to the more common documents.

Deeds

Documents that convey real estate.

Deeds of Trust

Documents that encumber real estate. In the State of Colorado, the Public Trustee, a third party, is appointed as regulatory official.

DD214

Documents which state an individual's military record.

Subdivision Plats

Approved maps showing the legal boundaries of lots, blocks and easements at the time of recording, within a subdivision.

Other

Judgments and decrees, federal and state tax liens, releases, public trustee documents, business incorporation and statements of authority and marriage licenses, for example.

e-Recording Documents

Fremont County encourages you to e-record your documents rather than submitting them in paper form.  The Convenience, speed, and security of online recording can more than offset the time and cost of paper submittals.  Reduces the cost of courier or postage costs, less rejections due to incorrect fees, increases security, and faster turn around time.

Fremont County currently accepts eRecordings from the following Vendors:

Photocopy Fees

Effective November 26, 2007, by Resolution 53, Series of 2007.  The Office of the Clerk and Recorder for Fremont County is authorized to charge the following fees for photocopies of public records or other documents maintained in its custody:

  1. Standard page (legal or letter) photocopy of records that are maintained in the public records computer software system and may be produced by printing a copy of the electronically stored document: $0.25 per page.

  2. Public records that are maintained in the physical grantor/grantee indices or other similar formats, requiring physically researching and locating the document referenced by book and page (or other reference), including research time not to exceed one hour for the same customer within a one-week period: $1.25 per page.

  3. Oversized documents (not letter or legal size), such as maps, plats and other similar documents: $5.00 per page.

  4. Public records research charge for photocopy requests requiring staff research to locate documents or convert a document into a format required for document retrieval: $23.21 per hour.

  5. Public records retrieval charge for photocopy requests requiring more than one hour of time for document retrieval within a one-week period: $23.21 per hour for the second and each subsequent hour (in addition to the photocopy charge).

In summary:

  • If you can see the image on the computer, copy fees are 25¢
  • All other copies are $1.25
  • Oversized (larger than 8 1/2 x 14) are $5.00 per page
  • Plats are $5.00 per page

 

NOTE: Fremont County does not accept out of county or state personal checks. Please send a bank check, business check or money order.

Recording Fees

New Recording Fees Effective January 1, 2017

  1. Most Documents- $13.00 1st page and $5.00 for each additional page(s)
  2. Federal Tax Liens- $8.00 1st page $5.00 for each addition page(s)
  3. UCC's are
    $13.00 for one to two pages.
    $18.00 for three or more pages.
    eRecorded UCC's are $8.00 regardless of number of pages.
Recording of Standard Documents

$13.00 for the first page plus $5.00 for each additional page - A page is one side of a document, up to and including an 8½" x 14" sheet.

Note: Motor Vehicle filings, when acting as an agent for Department of Revenue, are exempt from new fees. The exemption does not affect manufactured home recordings in the recording office. Manufactured home recording documents will be subject to the new fees.

Recording of Oversized Documents
$13.00 for the first page plus $10.00 for each additional page - An oversized page is one side of a sheet larger than 8½" x 14".
Federal Tax Liens and any documents related to Federal Tax Liens

$8.00 regardless of number of pages.

State Tax Liens and Release of State Tax Liens (if submitted by the State)

No charge for recording.

Note: Any other documents submitted by the state including transcripts of judgment are not exempt and are subject to the new recording fees.

State Documentary Fee

$0.01 / $100.00
$0.10 /$1000.00
If considered paid is $500.00 or less, no fee is required.

Mining Fee and Mining Claims
$8.00 for the first page plus $5.00 for each additional page. Any document containing the name of a claim requires $0.25 fee per claim mentioned.
U.C.C. Real Estate
$13.00 for one to two pages.
$18.00 for three or more pages.
eRecorded UCC's are $8.00 regardless of number of pages.
Deposited Survey Plats
$20.00 per sheet - the $3.00 surcharge does not apply.
DD214
There are no fees for recording DD214's. Certified copies requested for military benefits are free of charge. Please refer to Release of Military Records for the requirements and forms to allow us to provide copies to you.
Designated Beneficiaries Fee
Designated Beneficiary Agreements & Revocations are $13.00 for the 1st page plus $5.00 for each additional page. 2 certified copies are $2.50. Postage is required if mailing to second party.

NOTE: Fremont County does not accept out of county or state personal checks. Please send a bank check, business check or money order.

Marriage Licenses

A license may be obtained during regular business hours, in accordance with the requirements outlined below. The license is valid upon issue and must be used, in Colorado, within 35 days. The fee is $30.00, CASH PAYMENT ONLY. Online verifications of marriage and divorce records may be made at the Colorado Department of Public Health & Environment. For additional information, please review the Guidelines for Obtaining a License in Colorado below or contacting the Recording Department.

Printable Forms

Guidelines for Obtaining a License in Colorado

Age Requirements
(same for both parties)
  • 18 and Older - No parental consent is required.
  • 16 and 17 - Consent of both parents, parent having legal custody, legal guardian, parent having decision-making responsibility, parent with whom child is living, or judicial approval is required.
  • Younger than 16 - Consent as listed above AND judicial approval (court order) are required. NO EXCEPTIONS.

Identification Requirements
Secure & verifiable ID must be furnished by both parties
Date of birth must be legible

Secure & verifiable forms of ID:

  • Any current Colorado Driver's License, Colorado Driver's Permit or Colorado Identification Card, current or expired one year or less. (Valid temporary paper license with invalid Colorado Driver's License, Colorado Driver's Permit, or Colorado Identification Card)
  • Any current Out-of-state issued photo driver's license or photo identification card; photo driver's permit
  • Current U.S. Passport
  • Valid foreign passport with I-94 or valid processed for I551 stamps
  • Valid I-94 issued by the Canadian government with L1 or R1 status and a valid Canadian driver's license or valid Canadian identification card
  • A valid Canadian (only) passport without the I-94 issued
  • Valid I551 Resident Alien/Permanent Resident card. No border crosser or USA B1/B2 Visa/BCC cards
  • Valid I688 Temporary Resident Card, I688B and I76 Employment Authorization Card with intact photo
  • Valid US Military identification (active duty, dependent, retired, reserve, and National Guard)
  • Tribal Identification Card with intact photo (US or Canadian)
  • Certificate of Naturalization with intact photo
  • Certificate of (US) Citizenship with intact photo

The following are NOT acceptable forms of ID:

  • Consular cards
  • City and county detention center ID cards
  • Novelty ID cards
  • Souvenir birth certificates (issued by hospitals)
  • Social Security cards
  • As of July 1989, blood tests are NOT required for either party.
  • For purposes of an Inmate who wishes to be married by Absentee Affidavit... a photo copy of the inmate's Prison ID from a Federal or State correctional facility will be accepted as long as a correctional worker from that facility attests on the photo copy that it is in fact a photo copy from the original ID (must be signed and dated by the corrections officer.) This photocopy must be accompanied by an original or certified copy of their birth certificate or one of the secure and verifiable IDs listed above. Please note, this is for the application process only. Inmantes can no longer be married by proxy. The inmate HAS to be able to participate in the ceremony.
Prohibited Marriages
  • If one of the parties is still married to another person. All divorces must be final.
  • Marriage/Unions between the following is prohibited regardless of whether the relationship is by half or whole blood:
    • ancestor and descendant
    • brother and sister
    • uncle and niece
    • aunt and nephew
  • Marriage/Unions between cousins is permitted in Colorado.
  • Marriage/Unions license applications issued by another state are NOT valid for solemnization in Colorado.
Social Security Numbers
  • Social Security Numbers ARE required on license applications (C.R.S. 14-15-109).  If a party does not have a Social Security Number, the Affidavit Concerning Social Security Number must be completed and submitted at time of application.  It may be signed and notarized in advance or signed in front of the Deputy County Clerk at the time of application.
Witness Requirements
  • Witnesses are not required in Colorado. Some clergy, judges or public officials may request them.
Application Requirements
  • Both parties must complete and sign the application form. At least ONE of the parties must apply IN PERSON before the Recording staff. If one of the parties cannot appear in person, he or she MUST complete an Absentee Affidavit with a notarized signature and provide a copy of valid identification showing proof of age of the absent party.
  • If either party has been divorced or widowed, he or she must recite the date the divorce was finalized or the death occurred, the city and state where the divorce or death took place, the type of court where the divorce occurred and the name of the other party.
  • Applicants for a license need not be Colorado residents.
  • A couple wishing to renew their vows and obtain a new license may do so by stating they are already married.
  • If final divorce date is 30 days or less from date of application, please bring copy of decree.
Ceremonies
  • Couples themselves may solemnize their own marriage/union (Colorado Revised Statute 14-02-0109).
  • Marriages/unions can also be solemnized by judges, retired judges, magistrates, authorized public officials or in accordance with any mode of solemnization recognized by a religious affiliation.
  • Couples who solemnize their own marriage/union license, complete the bottom portion, both signing as the officiating party and as party 1 and party 2.
  • Although the couple may solemnize their own marriage/union, that does not mean a friend or relative can also solemnize their marriage/union. Clergy from out-of-state need not be registered in Colorado.
Licenses
  • The person certifying the license shall complete the license form and forward it to the Clerk & Recorder's Office within sixty-three days (63) after certifying.

Any person who fails to forward the license to the Clerk & Recorder's Office shall be required to pay a $20.00 LATE FEE and an additional $5.00 LATE FEE may be assessed for each additional day of failure up to a MAXIMUM of $50.00.

  • Please return completed license to:

Fremont County Clerk & Recorder
615 Macon Avenue Room 102
Canon City, CO  81212

  • Licenses must include the county and location where the union took place, the date the union was certified, the officiating party’s signature and title and both parties’ signatures.
Common Law Marriages
  • Colorado has recognized common law marriage as legal and binding since 1877, and is one of twelve states to do so. A common law marriage is established when the parties mutually consent to be husband and wife. Common law marriage does not require any license, ceremony or documentation to be legal. Parties to a common law marriage are entitled to all rights, privileges and responsibilities of a legal and binding marriage. If the parties need documentation of a marriage, it is recommended that they file a signed, notarized affidavit, attesting to the marriage, with the county clerk and recorder in the county where they reside. This affidavit will be filed as a document, not as a marriage record. Only legal divorce or death of one of the parties may terminate common law marriage.
Affidavit of Common Law Marriage
  • The following are the only two requirements for common law marriage:
    • The parties are free to enter into a marriage. Neither is married to another person.
    • Both parties are of legal age (18). If between the ages of 16 and 18, they have obtained the appropriate parental or guardian consent.
  • The following are examples of what constitutes a common law marriage:
    • The parties hold themselves out to the public as husband and wife.
    • Maintenance of a joint checking and/or savings account.
    • Joint ownership of property.
    • Mutual financial support.
    • Filing of joint income tax returns.
    • Registration as husband and wife on applications, leases, contracts, registers, etc.
    • Use of the man's surname by the woman.
  • Periods of cohabitation, without the aforementioned, do not constitute a common law marriage.
Copies
  • $0.25 per license/$0.25 per application.
    Certified is an additional $1.00 per document.
  • For copies to be returned by mail, the following additional handling fees apply:
    1-10 pages-$1.00, 11 or more pages-$2.00, or include a self addressed stamped envelope.
  • Request for License Copy Form
  • A Request for Application Copy Form, along with valid form of identification, is required to obtain a copy of a license application.
Name Change
  • Your license must be returned and recorded before any name change may take place.

Release of Military Records

The National Archives and Records Administration has outlined certain requirements for dissemination of military records, such as the DD214 form, which this office has elected to adopt.

A DD214 request form must be filled out by any individual requesting a copy from this office.

All requests for copies of DD214s must now be accompanied by a written request form and a picture I.D. Copies will only be distributed to the veteran listed or to his or her next of kin.

Lawyers, doctors, historians, etc. may request copies of a DD214 with signed authorization from the veteran or next of kin.