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Spurious and Fraudulent Liens
Q1. What is a spurious document?
A1. Documents that are filed without a legal basis or an agreement between parties are often referred to as spurious, fraudulent, or bogus. Spurious documents may be forged or include false claims. [1]
Q2. Why are spurious documents accepted?
A2. Our office is simply a filing office for public records. We are not able to verify whether a filing is valid or accurate. If a form is submitted with all of the required information, we will record the document.
Q3. Someone filed a false lien against me. What should I do?
A3. If you believe that a spurious document has been filed against you, the first step is to verify that the document exists. You can search our records for your name and check to see if a document has been filed. You will also want to check with the county clerk and recorder- records that involve real property are filed in the county where the property is located.
If you find that a false document has been filed, there are several actions you can take.
You can:
- File a correction to the document. A correction is linked to the original document and alerts anyone who sees it to the fact that you are disputing the validity of the filing. A correction does not remove or terminate the lien.
- Demand that the person named as the secured party file a termination. You can do this by mailing a demand to the secured party's address. If the secured party does not make arrangements to terminate the lien within 20 days, you can file a termination yourself.
- Pursue legal action against the person named as the secured party.
We recommend that you consult an attorney for specific information and advice.
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[1] 38-35-201 & 38-35-204, C.R.S.
