QUESTION

I am frustrated as I cannot find a lawyer who will RESPOND to my emails! I have a contract for deed I signed in Feb 2011 which was never filed.

Asked on May 09th, 2012 on Real Estate - Colorado
More details to this question:
I need representation in El Paso County, Colorado. Contract for Deed was signed in Feb 2011 and was never filed with the court nor was escrow account set up for taxes. I have a legal right to cancel this contract and receive all funds back. I have researched the law, I just need it filed ASAP. I cannot insure the home nor get utilities for the tenants I have in it now because the assessor does not show that I OWN the home. The CFD was notarized. Someone please help. I have contacted many lawyers and have received no response!!
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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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.     
Answered on May 14th, 2012 at 3:00 PM

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