Colorado Real Estate Legal Questions

It is likely that the HOA is responsible, but there is no way to know for sure without reviewing the HOA governing documents.  If the HOA is responsible, you may want to have an attorney send a demand letter on your behalf explaining the liability the the HOA is incurring as a result of their failure to maintain the common areas. Good Luck!... Read More

Krista,   Unfortunately, when you bought your home you bought it subject to the rule of the HOA and the HOA Board, in theory, represents the homeowners.   That said, the HOA has some restrictions and an increase in HOA dues must be passed under proper procedure and allow the owners proper notice of the issue to be discussed at the Board Meeting.  If the process was not administratively done property we can win this battle.  But, if the process was procedurally proper then is not much that can be done for you. Good Luck! Don Eby... Read More

This depends on the contract that you have with your property manager.  Although, most property managers do not want to hold that much money because it is a risk and liability for them.  Also, if your property manager takes your money and runs, you are on the hook for repayment to your tenant.   Good luck!... Read More

The heir needs to take action immediately to ensure that his or her share is not distributed elsewhere.  Once the money is distributed the time and expense required to recover is multiplied and the likelihood of success is greatly reduced.  Call an attorney today.  My firm can help, call 303-688-0944. ... Read More

Your landlord will not likely be allowed to recover late fees which he never demanded and continued to allow you to maintain possession.  This is generally governed by the equitable concept of latches.  There is no implied grace period. There is a statutory limitation but the issue will be when did the statute begin to run. If your landlord has initiated suite you should consider having a free consultation with a an attorney to discuss the specific facts of your case.  There is a likelihood that you should counter sue for the costs of your defense of this frivolous claim.  If you would like to call my office ask Michelle to schedule with Don, reference this email, 303-688-0944.... Read More

Why do you think a land trust would be the best way to do it? I usually recommend using an LLC, as it is a simple way to hold rental property and limit your liability. I often recommend using one LLC for each rental property to further limit your liability risk. Just be sure you are operating the LLC correctly, including having an operating agreement, an LLC bank account, an EIN number, not commingle funds, and sign documents correctly on behalf of the LLC to protect your limited liability. ... Read More

Samantha, The likelihood is that you will be expected to recover for the damages from your insurance company.  However, if you can prove that the seller or his agent knew that the work was done improperly and took action to prevent your discovery with the intent to entice you to complete the purchase with incomplete knowledge then you have a case.  Or, if the area that leaked should have been discovered by your home inspector then you may have a claim against him for negligence.  Good luck on the clean up. ... Read More

Ms. Calahan, Your HOA will continue to try to collect from you, using all legal means, until the assessment is ruled by a court to be invalid.  In order to assess your claim, I will need to see the HOA Charter, the Letter sent to Members,  the Proxy's, and the minutes from the meeting which generated the assessment.  You are correct the HOA may not act outside of its own rules.  Thus, if the assessment was improperly passed or passed in violation of the HOA Charter it is invalid. I'll be happy to offer you a free consultation to discuss this issue and your options in detail. Don Eby  ... Read More

Martin, If I understand your facts correctly, you purchased land last year through the use of a loan offered by the developer's preferred lender.  Now the payments on that loan have increased due to a property tax increase based on a structure being built on your land. I'll assume that you have built a home on your land, thus the property tax increase.  And that your loan in a PITI payment.  In that case your lender has likely done nothing wrong.  This will be governed by the terms contained within the promissory note.  However, if you are claiming fraud, or collusion, or usury rates then we should talk about that more because you may have a case. Good luck, Don... Read More

I must be missing something in your question.  I do not understand why you must get your brother off of the line of credit or what you expect to achieve by doing so.  Bottom line is we cannot force the lender to remove him and we cannot force a lender to refinance the loan under only your name.  Good luck, Don... Read More

Sandy, This is a complex problem.  I recommend that you consult an attorney.  A few things that will need to be looked into: Does your title insurance have any responsibility? Does your seller have any responsibility? Has the Sewer provider previously filed a claim? Also, you may have to pay the Permiting to keep from being shut down then attempt to recover your costs from those responsible for your loss. Good luck.  ... Read More

This is a very interesting question and is probably more complex than most would think. First, if no one pays the taxes on the home and you purchase the tax certificates that would be a great way to obtain ownership at a low cost. However, if you want ownership and possession sooner, then you must find out who is the owner and then negotiate a purchase from that owner just like any other real estate transaction.  The ownership will be determined by the type of title under which the husband and wife obtained the home and whether or not they had a will at the time of each of their deaths. It is very likely that the second wife was not renting the house, but is actually the owner. Hope that helps. Don Eby... Read More

A verbal agreement is just as enforceable as a written agreement, the issue is proof of the terms. Likely, the court will see this agreement as a month to month verbal contract.  In a month to month lease the landlord only has to give notice 7 days prior to the end of the current lease period (month) in order to prevent the lease from renewing. If the family does not voluntarily leave the landlord will be forced to pursue eviction, this could take up to a month if the family, disputes the terms of the eviction. Hope this helps. ... Read More

I can't tell you all the pros and cons of quit claim deeds because this is a long list and dependant upon the specific facts of your situation. But, if your question is will adding your wife as an additional owner of your property cause a problem for you from your mortgage holder.  I'd say not likely. Your home is a very valuable asset I recommend contacting an attorney to discuss the facts of your specific situation before filing a quit claim deed. Good luck!... Read More

The ownership and the proceeds from the sale of the property should be determined by the terms of the divorce.  If your X has been granted ownership the fact that you remain liable for the mortgage does not make you a party to the proceeds of the sale of the property but the property should be refinanced to remove your liability from the loan. Hope that helps.  ... Read More

Your friend is selling commercial real estate.  She may at the very least want to have an attorney look over the contract and closing documents, this would not likely cost more than a few hundred dollars but could keep her off the hook for thousands of dollars worth of liability. To answer your question I've never seen a "due diligence checklist" because each transaction is unique.  Also, it is likely that a title agency will perform the actual closing.   I can help, Don Eby 303-688-0944... Read More

Foreclosure is not something that most non-attorneys should do on their own.  And since you will be foreclosing in the name of the HOA not your personal name it is unlikely that the court will allow you to proceed in a pro se fashion.  Also, the legislature passed some new rules this past legislative session regarding notice to the homeowner when the HOA intends to foreclose for failure to pay dues. I offer a free consultation if you would like to call to discuss this issue in more detail. Don Eby 303-688-0944  ... Read More