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Questions Answered by Timothy Canty
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... Read 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... Read 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.... Read 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... Read 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 anything... Read 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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1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My common law husband wants to kick me and my kids (not his) out of the house. The house is his. What are my rights?

I have been paying rent and utilities.

Timothy Canty
Timothy Canty answered on Jul 13, 2018

At present you have no rights except possibly as a month to month tenant. If you are indeed married and you file for a dissolution of marriage, you may have rights to marital property and maintenance. This can be a complicated question and you should confer with a family law attorney.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: My Dad lived & died in NJ, I live in CO, which state do I need to get an attorney?
Timothy Canty
Timothy Canty answered on May 24, 2018

New Jersey. If he owned property in Colorado, you will need legal help here also.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Q: My landlord wants to show the house we live in to perspective tentative but we haven’t given him an actual written or

Verbal 30 day notice. Do we have to allow him to bring strangers in our house we rent. My husband is military and hasn’t received his orders but we’re being told we will be relocating also our lease isn’t up until May 31, 2018. The only way my landlord knew we are possibly relocating is... Read more »

Timothy Canty
Timothy Canty answered on Apr 24, 2018

Your lease will usually address the times that a landlord may enter for specific purposes. If not, the law gives him a reasonable time and right to show the place to new tenants. A little respect on both sides will help make this go smoother. As a last resort, a judge can decide what is... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Colorado on
Q: How does the Seller clear title so they can sell me their vacant land in Colorado?

The situation is as follows:

1) Husband and Wife (A & B) are owners on a Colorado vacant land property (joint tenants)

2) A dies

3) B dies 6 months later

4) B's estate is currently going through probate in Wyoming. B did not remove A's name from the property while... Read more »

Timothy Canty
Timothy Canty answered on Apr 16, 2018

B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.

3 Answers | Asked in Business Law and Tax Law for Colorado on
Q: Are paying taxes voluntary or law?
Timothy Canty
Timothy Canty answered on Apr 11, 2018

While our tax system is voluntary in the sense that you file a return and send in the money you owe, you will quickly find out how involuntary it is if you fail to do so. Many people have refused to file and have argued that they don't have to pay taxes. Most of them are in federal prison.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: I did an owner finance and hold the deed of trust as security, the buyer has abandoned the property and quit paying

he is 3 months behind, has changed his number and I have no way to get ahold of him, I sent a letter over 30 days ago and he has not answered do I have to forclose or can I just reposse and get the title back in my name

Timothy Canty
Timothy Canty answered on Apr 3, 2018

It sounds like this was a straight sale and the property was deeded to the buyer. If title is in the buyer's name, you will have to foreclose to get it back. If you are able to contact the buyer, you may be able to get him to sign a quitclaim deed conveying the property back to you in exchange for... Read more »

2 Answers | Asked in Bankruptcy for Colorado on
Q: If I file for bankruptcy in Colorado, will I lose my house?
Timothy Canty
Timothy Canty answered on Mar 30, 2018

Colorado law provides a homestead exemption of $75,000 (or $105,000 if you are over 60 or disabled). If the exemption is properly claimed in Schedule C of your bankruptcy petition, the trustee is bound by it. If you have more than that amount of equity, the trustee has the right to sell your house.... Read more »

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1 Answer | Asked in Real Estate Law for Colorado on
Q: I bought a condo with an ex girlfriend. We are both on the title and mortgage. She moved out after finding someone else

And hasn’t paid her part of the mortgage in over 4 or 5 months. Can I get it refinanced with out her, what are my options?

Timothy Canty
Timothy Canty answered on Feb 7, 2018

Since she is on the title, she would have to quitclaim her interest to you. The only other option is a court order.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am selling my home here in Colorado and moving to the bay area in Texas. I paid 160000 and owe $90000. I have lived

Here 22 years and have made many improvements. I plan to buy a smaller place in Tx. The listing price is $550000. I am single and understand the first $250000 doesn't have capital gains. What about the rest of the profit?

Timothy Canty
Timothy Canty answered on Feb 2, 2018

You must first calculate your cost basis which is the purchase price plus the cost of any improvements. Subtract that amount from the proceeds (minus costs of sale). The first $250,000.00 of profit is exempt from taxation. Anything over that is taxed at capital gains rates.

1 Answer | Asked in Bankruptcy for Colorado on
Q: On November 1, 2017, a Colorado cannabis company, Phoenix Life Sciences, declared bankruptcy and immediately reopened.

How can the new company, Panacea Life Laboratories, using the same equipment, work space, employees, etc, now magically NOT be liable to pay employee wages and other legal debts incurred prior to that bankruptcy?

Timothy Canty
Timothy Canty answered on Feb 2, 2018

The United States Bankruptcy Court for the District of Colorado website shows no such case filed under that name. Generally when a company files bankruptcy (Chapter 7), it's assets are liquidated and the funds are used to pay creditors. Wages owed to employees have one of the highest priorities.... Read more »

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