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It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.
answered on Sep 17, 2019
Can a creditor foreclose on your home to satisfy a Lien? Yes. But, you will have an opportunity to prevent the foreclosure and it is seldom financially feasible to foreclose to collect on a debt that small.
Have you considered BK to eliminate the debt?
Our original move in date was July 15, then August 15, August 25, now October 1st. He didn’t even start the foundation clearing until August 25th, it’s not been touched since then. The house is complete (modular) and off site, waiting on the site to be complete.
He is paying for a... View More 
answered on Sep 6, 2019
Your rights are completely dependant upon your contract.
I recommend contacting an attorney to review your contract and discuss your rights, remedies, options, etc. That attorney may also send the Contractor a Demand Letter which may prove to be just the motivation you need.
Tenant has been served with a 10 day notice for late rent. Tenant wants to pay rent 6 days late but refuses to pay the late fees that are in the lease. Can the landlord refuse the payment and proceed with the eviction process after the 10 days have passed.
answered on Sep 6, 2019
Tenant must pay the amount that is listed in the 10-Day Notice.
You can accept the payment then immediately deliver a new notice for the remaining rent.
Colorado new law change from 3 day notice to 10 day notice with exemption for landlords owning less than 5 properties who can give a 5 day notice. How do you integrate this into a lease that was already in effect prior to the law change?
answered on Sep 6, 2019
The new Law requires some specific language in your lease in order to trigger the small landlord exception. It is unlikely that your old lease contains this language. You'll need to update the lease to incorporate the language at the next renewal or by asking the tenant to sign an addendum... View More
As a seller with cold feet can I use this to somehow to get out of the home purchase contract unscathed? Here is the relevant text:"New Loan Review. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer’s sole... View More
answered on Sep 4, 2019
A Seller has no duty to agree to an extension of the closing date. Often, Sellers who wish to force the buyer into breach refuse to agree to extensions, especially when the Buyer offers no incentive for the Seller to agree.
Good Luck!
My brother and I have been joint tenants on the title to my mom's home for years. She died and we sold the house. Are we obligated to provide the requested accounting to the rest of our siblings who are wanting more money. My mom's will asked that the home be sold and the money split... View More
answered on Sep 3, 2019
Are you the Personal Representative for Mom's Estate? Is the home that was sold an asset of the estate? If the answer to those questions is Yes and Yes, then you have an obligation to provide an accounting.
It sounds like this could be messy and I recommend that you contact an... View More
In Wisconsin it used to be 3. We heard 10 in Colorado. Now someone said 25 days???
Who gets the earnest money? Is it legal for the Broker to take half?
answered on Sep 2, 2019
Once the contract is signed the contract is binding, i.e. there is no 3 day right of rescission.
However, the Colo Real Estate Commission's form contract is very buyer friendly and provides several opportunities for the Buyer to terminate the contact, at Buyer's sole subjective... View More
The owner of the land owes me large sum of money and he is willing to sign voluntary lien to satisfy his debt to me. Can an attorney be retained to help me with this situation? The land is paid in full has no mortgage.
answered on Sep 2, 2019
Yes, an attorney can help you to draft and record this lien.
I recommend that you get an attorney to help you if this is how you wish to secure your loan.
Our landlord has told us that we are not allowed to have another animal (even though it says animals are permitted on the lease). Is a landlord allowed to refuse a will be service dog, especially if I plan on training it immediately?
answered on Sep 1, 2019
The first step in getting your Landlord to accept your Service Dog is to make a formal (written) Reasonable Accommodation Request.
But, you should read the rules first, because what you describe is unlikely to create a successful Reasonable Accommodation.
Buyer is FHA. The contract does not allow me to back out this late - I guess I need to know the odds that they'd really sue me for specific performance.
answered on Sep 1, 2019
Do you have a legal right to terminate the contract? Not likely.
But, if you pay the Buyer's expenses you may reduce the likelihood that he will sue you for his damages.
Unless you have a contractual right to terminate, you should attempt to negotiate a mutual termination.
I own a home and am currently making all my payments on time. My goal has been to remodel it and sell it. I have since found I do not have the time to do so. I found a real estate investment group whom are interested in doing a "subject to" agreement to take over payments, fix it up,... View More
answered on Aug 31, 2019
You should contact and attorney to review the proposed contract with you before you sign it.
Generally, a Subject Too deal means that you sell the property (they own it) but they don't replace your mortgage so the mortgage stays in your name. The Seller essentially carries all of the... View More
Garage space included in lease. Landlord "lost paperwork" and rented the garage unit to someone else. Threw out all my personal belongings. They did not notify until a week later after everything was thrown away. Do I have a case?
answered on Aug 27, 2019
If you leased the garage and the LL disposed of your personal possessions he will likely be liable for your damages. You should create an inventory list and indicate the value of each item then contact and attorney to assist you.
The total dollar amount is $8,000.00.
My home inspector came back with a list of problems. I asked the buyer to remedy the problems or reduce the price, so I could take care of them. The owner claimed the home inspector was wrong and refused to correct the problems. I told him that I... View More
answered on Aug 26, 2019
The Colo Real Estate Commission Form Contract requires the parties to initiate mediation to resolve disputes such as this.
You can call the Colorado Assoc of REALTORS and ask for a list of mediators from which you and the seller can select a mediator which is agreeable to both of you.... View More
Im going through a divorce. I have a lease which my wife and i have . Can i remove my name from the lease, and not be financially responsible for it?
answered on Aug 26, 2019
The question is, can you get your landlord to release you from the lease? If the answer is yes, then you would have no further financial liability.
answered on Aug 24, 2019
If your property is landlocked you should contact an attorney to help you force the granting of an access easement.
answered on Aug 20, 2019
Your Property Manager cannot represent you in Court. But, you could bring the case against your former tenant. Or you can hire an attorney to bring that case.
However, the landlord will not change the lease. Can tenants compel the landlord to update the lease by dissolving the original agreement and creating a new lease with only one of the existing tenants?
The tenants are offering to pay for the inconvenience.
answered on Aug 18, 2019
You can ask and you can entice. But, you cannot force a LL to terminate the lease early and enter into a new lease.
The contract is for the protection of both parties against one of the parties who does not wish to preform.
The lease does not create an obligation on all tenants... View More
They have cited CO Rev Stat § 29-11.7-104 (2016) at bottom of signage as their authority to so prohibit said activity. Can they legally do this? As I read the statute it says a local government can enact ordinance, the homeowners association however is not "local government". Can I sue... View More
answered on Aug 17, 2019
A lawsuit it one option. Another is to have an attorney draft a letter on your behalf outlining the issue and why the HOA will ultimately lose the lawsuit if your are forced to file it. This letter would likely be a faster and less costly method to achieve the desired result.
She found out that I had 3 day notices sent to me at my prior rental now I am being told to leave or she will evict me, the lease is already signed
answered on Aug 9, 2019
If you have not breached the current lease you have a strong defense to an eviction if LL attempts to have you evicted by the Court system.
I recommend that you retain an attorney to assist you if you receive a Summons and Complaint from your Landlord.
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