Colorado Residential Real Estate Legal Questions

Your jointly owned property may be in danger of foreclosure if it is mortgaged and during the bankruptcy you nor your brother make payments on the mortgage.  However, it the property is not mortgaged it is unlikely that it will be brought into the bankruptcy as an asset to pay the other debts.   Good Luck... Read More

From your facts you may be able to evict based on failure to pay rent and upon breach of the covenants of the lease.  Either way the first step it a "Notice to Comply or Quit," commonly called a three day notice because you must give the tenant 3 days notice and opportunity to cure prior to bringing a formal eviction. Let me know if I can help.   Don Eby 303-688-0944... Read More

If the property is owned by three then all three will have to agree to the sale and sign the deed to sale the property.  Unless, the other two go to the court and ask for the property to be "partitioned." I hope this helps.  Let me know if I can be of assistance to you here. Don Eby 303-688-0944... Read More

Whether or not the home is under lease at the time of the sale will not effect the tax status.  However, selling the home during the course of the lease may be difficult without tenant cooperation and/or buyer's understanding and willingness to take the property subject to the lease.    So long as you can claim the home as your primary residence for 3 of the last 5 years at the time of the sale it will be taxed as the sale of your primary residence. ... Read More

If you are indeed not a member of the HOA it is very doubtful that the HOA has authority over you or your property.  I recommend seeing an attorney, bring your HOA documents to prove that you are not a member, etc.  Like many attorney's I offer a free initial consultation. Don Eby 303-688-0944... Read More

If your lease has a specific end date, 30 June 2013, then no notice is required, it is assumed that you will be out by the end of that day, or the landlord may elect to begin the eviction process or accept your rent on a month to month basis.   Your landlord is not acting in a manner consistent with good business practices, but he or she is not breaking the law either.   Hope that helps, Don Eby  303-688-0944... Read More

This is a very interesting question that you pose.  The answer is, that I would have to review the charter or constitution of the association and the records of how amendments were passed.  There is a good chance that they are exceeding their powers but the only way to know is after reviewing the documents.  I offer a free consultation if you would like to discuss how I may be able to help you and you neighbors. Don Eby 303-688-0944... Read More

It appears that your inspection discovered these undisclosed defects prior to your purchase so you will be able to negotiate the cost of repair prior to closing.  If you have actual damages post closing and you and prove that the seller knew of these defects and actively covered them or failed to disclose known material defects then we may have a claim against the seller. I'd be happy to schedule a free 30-minute consult with you to examine the facts of your particular case and determine if you have a claim that I can help you with. Don Eby 303-688-0944... Read More

It is likely that your HOA will negotiate a lower settlement than the $11,750 you mention in your request.   Additionally, we may be able to bring a countersuit to attempt to bring them to the table. We should discuss this over a free consultation to discuss your specific facts.  I think I can help you and deal with HOA's regularly.  Call Michelle, our receptionist, to schedule a consultation at 303-688-0944. Don Eby... Read More

There is no limit on the assessment so long as it it properly enacted.  From your comments that only a minority of residents are in favor of the assessment it may be worth looking into see if you have a cause of action against the HOA for improper or invalid procedure in passing this assessment. I hope that help.  You may want to think about hiring an attorney especially if you can get a group of owners to pool together to fight this assessment.... Read More

Tracey, This hold deposit issue is very common.  It must be disclosed to you that the money you are sending is a non-refundable "hold deposit."  You should read the contact very carefully.  If you do not find this language in the contract then your best option is to go to small claims court.  As an attorney my fees will quickly overcome any deposit that you may have placed. Good luck... Read More

Sergio,   You may have grounds for suit based on negligence of the apartment complex.  This will be dependant upon the terms of your lease and the lock change request its self. I offer a free consultation if you would like to discuss the specific facts of your case so that you may make an informed decision with regard to your rights. Don Eby 303-688-0944 www.RobinsonandHenry.com ... Read More

Tristan, I wish you would have called me three years ago, we would have gotten his name removed from your property and then the liens would not have attached. Now the liens are there, the only way to remove them is to pay the lien holder, negotiate a settlement with the lien holder, or force the individual who is the subject of the liens to have them removed.  If you have to settle the liens in order to complete the refinance we can bring suit against him for the costs. Feel free to call me for a free consultation where we can discuss the specific facts and action needed.  Just tell Susan that we spoke on Ask a Lawyer and you are calling for an appointment. Don Eby 303-688-0944... Read More

John, You have possible fraud and tort claims.  Obviously, we would need to get into significantly more detail about the exact problems and the expense of repairs or health problems created to know how to proceed.  Can we find this "contractor" in the state of CO?  Does he have assets from which to pay a judgment when we win?  I'll be happy to spend some time with you to discuss your case in detail in a free consultation.  Just call Susan, our receptionist, at 303-688-0944, and ask to schedule a consultation with Don Eby.... Read More

Mr. DeAngelo, The legal costs for closing can be as low as a few hundred dollars if you just want a review of the title, title insurance, and general review of the contracted settlement charges.  If you want a more detailed title search in addition to the above that will be an a little more and if you want all of the above plus representation at the closing table then you should expect the cost to be in excess of $1000. Let me know if I can help you in this matter. Hope this helps, Don Eby 303-748-6991... Read More

Dianne, You can easily transfer ownership of the property from you to your daughter with a simple quit claim deed.   But, I think you are more concerned about how to get the mortgage out of your name and into hers.  If that is your concern you will either have to ask your bank to allow her to qualify and assume the loan or (most likely) you'll have to sell it to your daughter.  This sell would be as if to a stranger, you would complete a purchase and sales agreement which she would then take to the bank of her choice to attempt to qualify for a mortgage under their requirements. I hope this helps. Don Eby, 303-688-0944... Read More

Galina, After your refinance you'll be tenants in common with joint ownership in the home, unless you specifically ask for the ownership to be in another form.  His, $33K is not a gift, it is a purchase cost.  Your basis will become $84,500 as will his. So long as you are joint debtors on the mortgage you will both be liable, jointly and severely. Hope that helps! Don Eby... Read More

Jon, Unfortunately, you don't have a lot of options.  Many people, even divorce attorneys, don't understand that one may lose the right to possess a home but still have liability for the mortgage.  These are two completely separate issues.  For you, your ex-wife stopped making the mortgage payments and allowed the home to be foreclosed upon.  unfortunately, it is your responsibility to ensure the loan is paid, even if the monthly statements are not being mailed to you or you are not living in the home.  I wish I had better news for you.... Read More

Greg, To determine "Personal Use," a court undergoes a very fact based investigation.  By the sounds of your facts, the HOA has a strong case. Which side of this are you on?  Can I be of assistance?  I offer a free consultation to get to the bottom of the facts and determine if I can help.  If you'd like to talk please call my office at 303-688-0944 and ask to schedule and appointment with Don. ... Read More

Kathryn, I'll assume from your question that you have submitted a full price offer to purchase a property that is listed for sale. Your "full price contract" is signed by the offeror and presented to the seller as an offer to purchase.  The seller then may accept the offer, reject the offer outright, or return a counter-offer to the offeror.  There is no requirement for the owner to agree to any offer to purchase even if the offer is presented above the asking price. I hope that help, let me know if I can help you in the future.   Donald Eby... Read More

Phillip,   The short answer to your question is yes. Do you have a written lease agreement or was this verbal?  It sounds like he owes you $750 for unpaid rent while he lived there, even on a verbal contract you are likely to recover this.  The other $400 boils down to a breach of contract issue which is not as simple as you may think.  Did you reagin use of his vacated space, did you attempt to find a replacement rentor, etc?  These are some questions that will need to be answered. Can you find him to serve notice?    I recommend small claims court.... Read More