Colorado Real Estate Legal Questions

You need to obtain a protective order from the court.  This will essentially require that your ex moveout.   You may need to consider a short sale or bankruptcy.     You have a lot of issues that require more attention that you can receive in this forum.  I recommend contacting an attorney to assist you.  Most offer a free initial consultation.   Good Luck!... Read More

You question is very confusing.  Your Deed of Trust should be recorded with the Clerk and Recorder of the county where your property lies.  Thus, it should be easy for you or anyone else to find.  The Trustee for the county should have the original.   The bottom line here is that you are dealing with a lender problem not a legal problem.  Is your lender incompetent and should you consider using someone else?  Maybe.  That is a question for you to decide.   Good Luck.... Read More

The answer to your question will depend upon the exact language of the contract contingency and the surrounding facts.  Also, the damages you may obtain are dependant upon the contract.   If she is acting in bad faith then you may have some leverage to force the sell.   You should consult with an attorney so that the language can be analyzed and the facts can be discussed.  I recommend you take action quickly and most attorney's will give you a free initial consultation to determine whether or not they can help you.   Good Luck!... Read More

They don't automatically get their security deposit back and you do not automatically get to keep it.  The question is do you have damages for which you can retain the security deposit?  It is possible that you can retain some or all of the security deposit as unpaid rent during from their last rent until you relet the property.   But, no matter what you do with the security deposit you must comply with the Colorado Security Deposit Statute or you tenants may bring suit against you for three times the security deposit plus the cost of their suit.   Good Luck!... Read More

The answer to your question lies in the HOA Charter or Bylaws.  However, in most cases the HOA of a condo assoc. owns everything inside of the walls.  Have you asked the HOA to make the repairs?   You may need to consider bringing suit to compel the HOA or the other owner or one of the insurance companies to make the repairs.   Good Luck,... Read More

You may have had a case, although probably not worth pursuing because it is only a few hundred dollars.  You had the leverage to force the correction before the closing but after closing you have lost your leverage.  You can complain to the closing agent that the costs were not properly allocated.  That is your best option.   Good Luck,... Read More

Unfortunately, unless your contract states otherwise, a landlord is under no obligation to compensate you for discomfort.  It appears that all violations to the habitability of the unit have been resolved.  If that is the case then you have no grounds to force and termination of the lease.  However, if the unit is uninhabitable and you follow the proper procedure then you may terminate the lease and have a defense as to any claim against you for damages.   Good Luck,... Read More

Once the opposing party files a counter claim against you you can drop your offensive suit but will still need to defend yourself against their claim.  Depending on the type of claim and whether or not they win you may be responsible for the cost of their suit against you.  This is the danger of initiating a lawsuit.   Whether or not the owner had the right to keep your earnest money should be very clear in the buy sell agreement.   Good Luck, Don Eby... Read More

If the problem has been resolved then there is no problem to disclose.  However, disclosure of a non-problem will protect you from suit from the buyer and if there really is no problem then you have nothing to fear by disclosing.   The safe answer is to disclose, everything.   Good Luck.  ... Read More

This is a complex land use issue and could involve your HOA and also City or County Zoning approval.  One would need to carefully read any zoning document and HOA covenants which incumber the deed of the home being constructed. You cannot obtain proper advise on a forum such as this but should consult with a real estate attorney. Good luck, Don Eby  ... Read More

The short answer is if the "purchaser" refuses to voluntarily return the property to you you'll need to use the legal system to foreclose or evict depending upon how you structured the sale of the home. This issue will be very dependant upon the facts of the case.  I recommend that you consult with an attorney on how regain possession of the property. Good Luck, Don Eby ... Read More

As an owner occupant in a newly built home you may have a case against your builder.  You should contact an attorney to discuss the specifics of your case and get a specific analysis of your options. Many attorney's will offer you a free initial consultation to assist you in determining whether your case has merit and to determine if they are interested representing you. Good Luck, Don Eby 303-688-0944  ... Read More

Your question may be a little more complicated that you realize.  The Answer is that no one is going to take it away from you if you do not transfer the title.  But, the title will have to be transferred at some point prior to selling the property.  You can do it now or later but be careful that the title issue does not delay your closing when you are ready to sell.   Good Luck Don Eby... Read More

J.I., Crops are generally considered personal property, so when the land is sold the planter will have an opportunity to reenter and harvest, unless the negotiation and contract agrees otherwise. If you are interested in avoiding tax by repurchasing, you must be referencing a 1031 Exchange.  There are allot of rules that must be complied with there and you should obtain specific counsel on these issues.   Good luck,... Read More

First, the obligations under a mortgage are completely separate from the benefits of ownership.   As for the question about the deed this requires some investigation into the facts.  This is an issue involving thousands of dollars.  I recommend that you consult an attorney in a face to face interview or even a phone conversation so that the pertinent facts can be discovered.  My office offers free consultations for this purpose.  A few of the issues which must be clarified are did your brother accept the delivery of the deed, was it recorded, did your mother have a will, was your mother the personal representative of your father's estate? Don Eby 303-688-0944... Read More

It is unlikely unless your divorce decree addresses this property and designates you as an owner.   Otherwise the issue will be that you are not an owner of record but were you an intended owner at the time of purchase.  This will be a difficult fight to win.     Good luck.... Read More