Sending an intent to lien in Colorado. Must the intent itself be notarized?
Mar 12, 2019
The requirements regarding Colorado liens and notices of intent can be confusing. Indeed, there are multiple places online providing conflicting information related to the required contents of a notice of intent.
There is no specific requirement in Colorado statutory law concerning the notice of intent that requires that notice of intent to be notarized. Colorado requires that:
"In order to preserve any lien for work performed or laborers or materials furnished, there must be a notice of intent to file a lien statement served upon the owner or reputed owner of the property or the owner’s agent and the principal or prime contractor or his or her agent at least ten days before the time of filing the lien statement with the county clerk and recorder. Such notice of intent shall be served by personal service or by registered or certified mail, return receipt requested, addressed to the last known address of such persons, and an affidavit of such service or mailing at least ten days before filing of the lien statement with the county clerk and recorder shall be filed for record with said statement and shall constitute proof of such service."
While the notice of intent doesn't have any specific requirement to be notarized, the claimant must provide an affidavit of service of the notice of intent, to be filed with the lien, that states the notice was served at least 10 days prior to the filing of the lien claim. An affidavit is a written declaration made under oath or affirmation before a notary public or
other authorized officer, in which the signer swears or affirms that the statements or declarations in the document are true. Accordingly, the affidavit of delivery of the notice of intent must be notarized, as does the lien claim itself.