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Questions Answered by Timothy Canty
2 Answers | Asked in Real Estate Law and Contracts for Colorado on
Q: subcontractor put a Mechanics Lien on my property after I have paid full price to contractor I hired upon project done.

I only signed contract with the contractor and he is bankrupt now. what should I do?

Timothy Canty
Timothy Canty
answered on Jan 10, 2023

I agree with Mr. Greer. Additionally, if the contractor violated the trust fund statute, you can have the debt declared non-dischargeable by the bankruptcy court and get triple damages and attorney fees.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Primary mortgage lien through company A. They sold it to company B. Lien still under A. Do I owe company A?
Timothy Canty
Timothy Canty
answered on Nov 11, 2022

Company B is likely just the servicer and not the actual note holder. This happens routinely and and is generally nothing to worry about.

1 Answer | Asked in Bankruptcy for Colorado on
Q: I am 66. I want to retire. I have 20,000 in credit card debt. I am paying on a mobile home car and loans. Bankruptcy?

I see debt following me to purgatory or heaven. I want to retire but afraid of debt. I am just looking for general answer. I plan on seeing an attorney next week but wanted general answer

Timothy Canty
Timothy Canty
answered on Oct 21, 2022

There's not nearly enough information here to advise you of your options. I suggest you get a consultation with an experienced bankruptcy lawyer - most of us will give you a free consultation.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can you legally pass over a privately owned driveway owned by 3 different people if 2 of them give you permission?

There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get... View More

Timothy Canty
Timothy Canty
answered on Jul 22, 2021

The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to... View More

1 Answer | Asked in Tax Law for Colorado on
Q: We made a few mistakes on our taxes a few years in a row we didn't have all of our w2s so we guessed as as we could.

We were handed 4 year of very steep penalties tried to be very honest with the state of Colorado but they said we still have to pay 44000 in penalties. Is there something that a lawyer could do to help us??

Timothy Canty
Timothy Canty
answered on Feb 26, 2021

Your penalties may be dischargeable in a Chapter 13 bankruptcy depending on how old they are, whether you filed the returns on time and whether a tax lien was recorded. Other factors need to be considered (e.g. your income, assets, other debt, etc.) Check with an experienced bankruptcy lawyer as... View More

2 Answers | Asked in Real Estate Law for Colorado on
Q: How do I find out if my brother's estate went through probate in Alabama and if property we owned jointly was included?

My siblings and I own property in Colorado together with our now deceased brother. However, we don't know if our brother's wife and/or children still have rights to the property. We'd like to get our brother off of the deed. How can we tell if it went through probate already as... View More

Timothy Canty
Timothy Canty
answered on Feb 24, 2021

Check ownership of the Colorado property with the county assessor. If it was held as tenants in common, his share passes to your brother's estate and whatever arrangements he made. If it is held as joint tenants with right of survivorship, his interest expired upon his death and the... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: My parents are living in their own home and are both listed as owners. Do you recommend a trust? I am their son.

They refuse to draw up a will. I want to do everything possible to insure that their home and assets are protected from the government.

They are 88 & 91.

Timothy Canty
Timothy Canty
answered on Jan 6, 2021

There many ways to do this including a trust. The simplest and cheapest way is to have them execute and record a beneficiary deed to their heirs. The heirs would have no present interest in the property, but upon the death of the last one, the home would pass to the heirs by operation of law and... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: If I put my car loan down on my bankruptcy would it be considered contingent, unliquidated or disputed?
Timothy Canty
Timothy Canty
answered on Oct 30, 2020

First, you must list all debts including your car loan. If it is like most auto loans, it is probably none of these. You should consult with a bankruptcy attorney.

1 Answer | Asked in Tax Law for Colorado on
Q: Can a person go to prison for not reporting an entire source of income?
Timothy Canty
Timothy Canty
answered on Mar 22, 2020

Yes

2 Answers | Asked in Consumer Law, Real Estate Law and Collections for Colorado on
Q: In Colorado,can we be forced to sell our home if there's a judgement lien from Credit Card debt ($22,000) on the home?

It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.

Timothy Canty
Timothy Canty
answered on Sep 18, 2019

You may be able to avoid this lien in a bankruptcy. Since your husband is over 60, the home is entitled to a $105,000 homestead exemption. If your equity does not exceed this amount, a bankruptcy would allow you to keep the home and lose the lien. There may be other factors involved, so check with... View More

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2 Answers | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife was on my deed under her maiden name but filed a quitclaim deed under her married name. Do I need to amend?

I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need... View More

Timothy Canty
Timothy Canty
answered on Jun 4, 2019

You may need a quiet title action, but I would try something else first. See if the title company will accept a certified copy of the divorce decree showing the name change. Alternatively, you might file a CRCP Rule 70 motion to ask the court to execute the correction deed in her name.

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: I am researching the Colorado rent control ban. How do I find out about the original court case that it came from?

I know if happened in Boulder in 1980. but I cannot find any other information. I would love to know the name of the case, and even some details about who brought it to court, and how the decision was made. Do you have any advice on finding this kind of information? Thank you!

Timothy Canty
Timothy Canty
answered on Mar 5, 2019

The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below.... View More

2 Answers | Asked in Bankruptcy for Colorado on
Q: How long to we have to amend a list of assets?
Timothy Canty
Timothy Canty
answered on Nov 9, 2018

You can amend the schedules at any time during (and even after) the case. It's better to do it before someone else discovers the oversight so you can't be accused of being dishonest.

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Returned from deployment and want to move back into my house that is currently rented out. Can I legally move back in?

Active Duty Army. Returned to Fort Carson and own a home in Peyton, CO. My family desperately needs to move back in, but my property manager said that we have to wait until the lease is up (April 2019). What are my options?

Timothy Canty
Timothy Canty
answered on Nov 9, 2018

The lease gives the tenants the right to possession until it expires. Unless they violate some covenant of the lease, you will have to wait.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Can I transfer assets out of my name into someone else’s before filing bankruptcy?
Timothy Canty
Timothy Canty
answered on Oct 18, 2018

Yes you can. However, you must disclose all such transfers. If you did not get equivalent value in return, the bankruptcy trustee can sue the person you transferred the property to and make them give/pay it back. If you don't disclose all such transfers, you will have committed a federal felony.

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2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Colorado on
Q: Filed for bankruptcy in 2011. Abandoned and discharged my house. HOA had dues added to house after it was discharged.

According to U.S.S.C. 523 (a) (16) I did not have the intention to keep the house. The bank foreclosed on the house in 2012 and removed the foreclosure 2 months later. They later foreclosed again in 2015 and sold the house. The HOA is using a debt collector to attempt to take $3800 that was... View More

Timothy Canty
Timothy Canty
answered on Oct 1, 2018

I respectfully disagree. You are liable for post petition fees as long as title is in your name. It sounds like the first foreclosure never went to sale, so you still held legal title until the second sale was completed.

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I’m a homeowner in Colorado. There are two mechanics liens, both less than $1000, filed in 2005. Both were paid.

Both businesses are now defunct. How do I have them removed?

Timothy Canty
Timothy Canty
answered on Sep 13, 2018

You should have required releases upon payment (I'm sure you know this). A lawsuit to foreclose any mechanics lien must be filed no later than 6 months after the work is completed or the lien expires. Even if not paid, these liens would have expired long ago and you should not have to do... View More

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2 Answers | Asked in Real Estate Law for Colorado on
Q: Can a renter keep an adjoining property owner from using about 10 feet of the property they are renting if the owner

of the rental property gave permission to the adjacent landowner to use the 10 feet strip of the rental property? The 10 foot strip is outside of the 6 foot tall privacy fence for the rental which has been in place for several years.

Timothy Canty
Timothy Canty
answered on Aug 23, 2018

Generally, the tenant has the right to exclusive possession of the entire rented premises. I would need to see the lease to be sure, but the neither the owner nor a third person can violate the tenant's right of possession unless that area was excluded from the leased premises.

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3 Answers | Asked in Bankruptcy for Colorado on
Q: I owned a consignment store. Do I have to file bankruptcy on each consigner I owe money to? I am in the process.

So, the consigners aren't covered under the LLC?

Timothy Canty
Timothy Canty
answered on Aug 6, 2018

Any bankruptcy filing must include all your assets and all your creditors. There is no such thing as a selective bankruptcy.

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