Colorado Real Estate Legal Questions

There is no legal requirement that you give advance notice to the other owners, although courtesy notice would be a good idea so that there is clarity among the owners going forward. Be sure to record the deed with the county clerk and recorder, so that there is public notice of the ownership change after the fact.... Read More

Just to clarify, do you mean deed of trust, which is the mortgage instrument, or do you mean the deed that transferred titled?  If it's the former this has to be done with the mortgage company through a refinance.  If it's the latter, the persons named as owner(s) in the deed simply execute and record another deed to the person or persons who are to remain owners, removing the other(s).... Read More

As long as it's a transaction for due consideration (fair price), and he is paying you the same amount that you are paying for the property, there shouldn't be any capital gain or gift tax issues. As far as how to proceed with the deed, it doesn't seem to me to make much difference whether you start with all three of your names on the deed and then transfer solely to your son, or have it just in your names to begin, and then transfer it outright to him. Both involve a similar deed transfer - preferably a warranty deed - to be recorded.... Read More

If the investment property is real estate and your mom and stepdad owned it in joint tenancy, then title would have automatically transferred it to your stepdad upon her death.  Usually all that is needed is to record the death certificate.  If they owned it as tenants in common then your mom's share would pass to her heirs, either under a will or by the rules of intestacy and probate would be required.  You would not be able to file anything on your mother's behalf unless you were named personal representative of her estate. I hope this helps.... Read More

Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice. Afternoon, It is possible the title automatically past by operation of law via joint tenancy. Ownership of property is typically (not always) documented in public records. Depending on deed filed with the county clerk and recorder where the property is located, title could have passed directly to her upon her parents’ death. If the deed or trust or other document did not contain the proper provisions, it may be in the hands of the court. It all depends on the status of the title. It may be wise to look into a title opinion prior to selling the house. Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice.... Read More

Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice. It would depend on what stage of the transaction you are at and the contract you signed with the agent. Also, are you a buyer or seller? The contracts are typically favored to the seller. If you have not made or accepted any offers on the land you may be able to just walk away. Some real estate agents are exclusive for a set period of time meaning you may have to hold off on your transaction until the term expires. Some are non-exclusive. If the agent is clearly acting in bad faith, consider reporting him to the local real estate commission. I hate to say it, but it just depends. Allot more information is needed.   Disclaimer: This is not legal advice. Additional information is required. Contact an attorney for more specific information and advice.... Read More

Who is responsible will depend on your HOA governing documents.  It would not be unusual for the HOA to be responsible in a situation like this to owe you for the costs you have undertaken.   You should consult an attorney to review the exact facts and represent you against the insurance company lawyers.  Call for a free consultation.  ... Read More

Certainly if you feel your builder/seller is the breacher you should not sign his documents.  This situation appears that there is a lot at stake and is much more complex than can be conveyed here.  I recommend that you contact and attorney for a phone or in-office consultation to discuss the facts and review the contract.  Many attorneys like Robinson and Henry will offer you a free consultation for this purpose.   Good Luck!... Read More

You should contact a family law attorney for a consultation the single fact that the deed proving joint ownership of the real estate recorded is not recorded with the county clerk and recorder does not end your claim of ownership.  You have an uphill battle but you have a large asset to fight for.  Don't walk away without fully investigating your claim and making an informed decision on your joint property.    ... Read More

Who is responsible will be determined by the HOA governing documents.  It would not be unusual for the HOA to be responsible for all issues behind the walls.  But, the question here will be are you responsible for the water heater and associated piping serving your specific unit.   If the HOA insurance comes after you for reimbursement you may want to hire an attorney to defend you.   Good Luck!... Read More

No.  If your roommate does not leave as agreed you'll need to initiate the judicial eviction process.  The process normally only takes a couple of weeks.  If you are unfamiliar I handle evictions on a flat fee basis of $750 + costs.  Let me know if I can help.  ... Read More

Unless you have a court order the fastest and easiest means to remove your ex from ownership of you home will require his cooperation.  If that is impossible then we'll need to have the courts remove him.   As for the liens, we'll need to dispute the validity and enforceability of the liens or you will have to pay the liens when you want to sale the property or refinance the property.  ... Read More

The terms of your lease control.  If it state 10 days that will override the statutuary minimum of 7 days notice.  If you want to stay to the 10th of the month you'll likely be responsible for the entire month rent. Hopefully, you can negotiate better terms with your landlord.   Good luck!... Read More

If the person being removed is cooperative a Quit Claim Deed is the fastest and easiest. If the person is uncooperative you may need to involve the courts in a Quiet Title action.   Good luck, you should consider consulting an attorney to assist you with this as the property is likely very valuable.... Read More

Yes - you should get your money back.   There are several issues here and not enough facts to be able to give you a good answer.  However, I'm interested in your case.  If you will call my office, 303-688-0944, I'll give you a free 30 minute live consultation to discuss the facts and determine your best way forward to recover your $20,000.   Don Eby... Read More

If he has received a summons and complaint ordering him to court he should consult with an attorney to properly defend against this action and potentially counterclaim the management company. If he was on a month to month lease the most he should be liable for in rent is one month.     Good luck! ... Read More

First you'll need to terminate the Lease to Own contract to obtain possession and the right to sell.  Then you property can be sold and your parents will not have to return to the US to do so. Terminating a Lease to Own contract can be technically challenging.  I recommend that you contact and attorney to assist you.  ... Read More

If your buyers are willing to pay you market and accept a quit claim deed, you must be one heck of a salesman!   This is a valuable transaction are your buyers unwilling to spend a couple hundred dollars to ensure that they actually have a marketable title?  Has anyone thought about title insurance or other encumbrance issues?   Honestly, I can't answer your question in this forum.  I have no idea what you have written in or failed to write into the Quit Claim Deed.  Must attorneys will handle a simple transaction like this for only a couple hundred dollars, I encourage you to contact an attorney to draft this Deed.  My suspicion is that a quit claim deed may not be the best way to handle this transaction.     Good Luck!... Read More