Colorado Real Estate Legal Questions

Leases of real property for a term of one year or less need not be in writing to be enforceable. See C.R.S. §38-10-106.  You will need to evict your tenant if he will not leave by agreement. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this helps. Kind regards,   Cyrus Rajabi  ... Read More

Dear Dennis, Ordinarily, in the state of Colorado, a loan in connection with real property is secured with a deed of trust.  The easiest method to get the "lien" removed in the case you have described is to find one of the former officers or directors of the Company who has authority to execute documents in connection with the dissolution of the company.  This former officer or director could, assuming authority issues are addressed, execute a "release of deed of trust," which could then be recorded to release the "lien" from the record.   If the Company is unable to locate the original note, you may need to go through the process of a lost note and deed of trust bond or, if you're unable to identify an authorized party or the Company is unwilling to cooperate, you may have to pursue judicial or other methods to have the matter cleared from the record. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this helps. Kind regards, Cyrus Rajabi  ... Read More

First, it is dangerous for someone to try to represent himself in court.  There are rules to follow.  You do not know the rules.  Even though you have the "proof", if not presented properly, you can end up with a judgment against you.  Having said that, I am aware that the claim may not be a substantial claim in terms of money damages.  If the matter is in Small Claims Court, it will be quite normal for you to go to court without an attorney - that is what Small Claims Courts are for -- to litigate small claims that do not justify the participation of lawyers and the high cost of hiring them.  Such courts do not strictly apply the ordinary rules of court. Either way, you should be dismissed if you can show the court that it was not your dog and that you did not own the house where the biting occurred.  (And, by the way, in most states -- if not all -- a landlord is not responsible for the negligent conduct of his tenants anyway.)  ... Read More

Your difficulty in finding a lawyer to represent you may arise from your attitude.  Your comments above are rather assertive -- saying "I have a legal right to cancel this contract and receive all funds back."  It may be that you are trying to tell the lawyers what the law is rather than consulting them to learn what your options are.  Now, having said that, let me say that Colorado law will ultimately determine what options you have.  Ordinarily a contract for the purchase of real estate need not be recorded; it does not pass title; and you do not own the property described in the contract.  You, at most, have a right under the contract to receive a deed provided you pay the money called for by the contract and possibly perform other requirements under the contract.  As for recording the document, there is no reason that I know that keeps you from recording it yourself provided it conforms to all the requirements of the Colorado recording statutes.  As for insurance and utilities, it may be that the seller will have to authorize the writing of the insurance and/or the arranging for utility service but with the understanding that you will reimburse him for all expenses, etc. Instead of sending e-mails to the local lawyers (who are busy and who generally receive many e-mails from people seeking their time without expecting to pay for the time consumed in responding to them), you should make an appointment to confer with a good real estate attorney.  Most will charge a modest conference fee but it would be well worth it to learn specifically what your options are.     ... Read More

You agreed to purchase the home described in your contract - not the one that now sits on the lot.  The seller should be required to restore the property as it was when you signed the contract, or you should have the right to refuse to close and a return of your earnest money.  Consult a good real estate attorney for guidance.  ... Read More

Yes.  I will assume you have a general durable power of attorney for your mother -- in other words, I will assume that either she is still mentally competent or that the power of attorney is good even if she is not mentally competent at this time.  In either event, you and your mother can represent only a 2/3 ownership interest.  You can't sell the property because your brother is uncooperative. Most states (probably all of them) have a statutory procedure whereby one or more co-owners can petition the court to have such co-owned property sold by court order.  It will almost certainly be a public auction.  In today's market, that may not bring the best price, but if the property is deteriorating and costing money to maintain, it may still be prudent to sell it.  You should confer with a good real estate lawyer in your area.  For a modest conference fee, you should be able to gain a good understanding of how the procedure works in your state and what the costs are.    ... Read More