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Colorado Foreclosure Questions & Answers
0 Answers | Asked in Consumer Law and Foreclosure for Colorado on
Q: If a bank creates credit without loaning out reserves, is this counterfeiting?

I am challenging the validity of a mortgage contract on the basis that no real property or considerations was provided by Alliant Credit Union. While funds were provided, they were counterfeit since the funds did not exist on the bank balance sheet prior to the bank credit being created.

I... View More

0 Answers | Asked in Foreclosure for Colorado on
Q: Hello, I just purchased a Foreclosure in Colorado. There was an outstanding HOA balance. Am I responsible for it?

The foreclosure was initiated by the bank that held the Deed of Trust. In CO, HOA's have super lien status. They did put a lien on the property the day before the auction. As the new owner, am I responsible for the unpaid HOA fees?

1 Answer | Asked in Divorce, Foreclosure, Family Law and Real Estate Law for Colorado on
Q: My husband has an inherited property in Texas that I recently paid the taxes on to save from foreclosure, is it shared?

My husband has inherited property in Texas however I manage the property and I pay the lawyer as well as recently paid the taxes we’re looking at divorcing and he states that he won’t give a portion of the profit when it sells to my son or I. In addition it should be noted that he’s giving up... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

In a Colorado, divorce, inherited property is considered separate property. However, any increase in the value of that property is marital. You may have some claim for the property taxes. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Colorado on
Q: If the house I co-inherited with my sister goes into foreclosure, will it affect my credit? (House in my father's name)

I'm struggling to get my sister on the same page about what to do with my dad's house. It's still in his name because he didn't leave a will and my sister and I have yet to go through probate. I have tried to sell her my share of ownership for a reasonable sum or suggested we... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

It should not affect your credit since you are not on the title or the mortgage. You may want to take a more active role by being appointed the personal representative ("executor") so you could sell the property if there is any equity to protect. You should get a lawyer to help you with this

1 Answer | Asked in Civil Litigation and Foreclosure for Colorado on
Q: My COA/HOA roof assessment of $5,163 was paid-in-full. They have violated the contract

Diversified Management and the COA (Colorado Speings), in abuse of power and selective enforcement held my final payment of $2,563 in cashiers check for nearly a year, returned it for "reissue", then immediately turned my paid in full account over to Orten Cavanagh collection. This firm... View More

Donald C Eby
Donald C Eby
answered on Sep 3, 2020

You'll need to provide proof of the payment to the court, you can ask for attorney fees when you win. I recommend that you contact an attorney that represents homeowners against HOAs to discuss your rights, remedies, and risks in this matter.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for Colorado on
Q: How much in average does it cost to draft up a two part buyer and assignment contract
James A. Greer
James A. Greer
answered on Mar 25, 2020

Contract Request: if I understand your question, you need a Purchase Contract (?) for real estate (?) with two buyers, and then a subsequent assignment of that contract (?). We offer Fixed Fee for transactional work of this nature. It would be less than $1000.00. But I'd really need to get a... View More

1 Answer | Asked in Real Estate Law, Tax Law and Foreclosure for Colorado on
Q: I bought some land through a county tax sale and I thought I got it free and clear from the county.

The county issued a new deed of trust to me. After 4 months I started getting a bill showing that I also owed over $4,000 of the past persons bill as well, before I even requested billing from the water company. The water company is saying that they have a perpetual lien against my property. How is... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 19, 2019

Your unfortunate situation is a textbook example why non-lawyers should always ask an experienced lawyer before they do something they have never done before. Unless you can somehow convince the water company to let you off their very sharp-barbed hook you are stuck. And no one else (who has a... View More

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 Denison
Timothy Denison
answered on Sep 29, 2018

The debt is discharged and you do not owe it.

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1 Answer | Asked in Foreclosure, Real Estate Law and Arbitration / Mediation Law for Colorado on
Q: I want to know if Home Relief Services is a ligit company helping people with loan modification.
Thomas A. Grossman
Thomas A. Grossman
answered on Aug 20, 2018

You can go online and look at their website. You can also look up reviews of this company and read them. Finally, you can access "Yelp" and review the company if you can fine it.

1 Answer | Asked in Bankruptcy, Real Estate Law and Foreclosure for Colorado on
Q: Tenants in our PA property just gave notice, and we cannot support that mortgage as well as ours here in CO. Bankruptcy?

Home in PA is a VA loan that we've had for 11 years, and is still underwater (~$60K) since the 2008 crash. We recently closed on our home here in Berthoud, CO, and have virtually no equity built up. Wife laid off last April, only on one income (mine). Our PA tenants just gave notice that they... View More

Timothy Canty
Timothy Canty
answered on Sep 23, 2017

Without knowing your entire financial picture, I cannot determine whether a bankruptcy would be right for you. A bankruptcy would relieve you of liability for the PA property, but I can't determine whether it would protect your other assets. Since you apparently have not lived in Colorado for... View More

1 Answer | Asked in Real Estate Law and Foreclosure for Colorado on
Q: Regarding a foreclosure in Colorado during 2011, for what period of time thereafter can a bank pursue a claim?

Chase Home Finance

Primary Residence

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 16, 2017

The statue of limitations for a mortgage is 6 years. Tolling begins on either the date of default with acceleration (all come due) or maturity (last day of the final payment from the original loan documents). In other words, the exact expiration date to seek collections is based on the individual... View More

1 Answer | Asked in Bankruptcy and Foreclosure for Colorado on
Q: Mortgage discharged in bankruptcy. How long after deed in lieu can I get a loan?

My mortgage was discharged in bankruptcy in 2010. It's just now going through foreclosure. If I can get a deed in lieu, can I make it part of the agreement that the bank will NOT report the deed in lieu to credit agencies or report it as settled? Can they even report that since they're... View More

Kevin Scott Neiman
Kevin Scott Neiman
answered on Jun 11, 2017

In general, the minimum waiting time after a deed in lieu to apply for a federally backed mortgage is two years. There are no mandated waiting times after for private lender. Having a hefty down payment and the funds to cover closing costs might enable you to obtain a new mortgage immediately after... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Colorado on
Q: Is there anything we can do if we have paid back taxes on a property and have continued to pay to get a deed?

We have a property that my wife's parents bought and started building a house on. But they gave up paying the taxes and the property went up for an auction unless back taxes were paid. My wife and I paid the taxes and have continued to pay them. My wife's father has signed over his part... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 30, 2016

You will need to contact a real estate attorney directly for advice with your situation. As a general rule, paying taxes and receiving the father's share give you an interest in the property. The mother can force a sale, but you can offer to purchase her portion. If nothing else you should... View More

1 Answer | Asked in Foreclosure for Colorado on
Q: Received letter from servicer of loan starting foreclosure then received letter from attorneys office. Stating subject

Deed of trust and if i want them to send confirmation of debt due to law state and federal laws if not then letter stated they will assume i except that info is correct. What should i do ask for modication, contact servicer or lawyer and. how can i tell if it will be non judicial or juducial they... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 7, 2016

The location of the attorney is not suspicious (the lender likely has a contact with the attorney). This is a complex issue and requires specific review of your circumstances. You will need to contact a real estate or foreclosure lawyer. Here is a link for free to low cost legal services in Denver:... View More

1 Answer | Asked in Consumer Law and Foreclosure for Colorado on
Q: My home went into foreclosure in 2006, 5/6 years later some law firm contacted me on behalf of PMI, threatening suit.

Out of fear and lack of knowledge I made a few payments for the defaulted insurance. Then, due to my circumstances, the attorneys stated they would reevaluate the claim. They never contacted me again. Now, another 4 years later a new firm is representing PMI and making same threats.

What... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 11, 2016

Already answered in private email communication.

1 Answer | Asked in Collections and Foreclosure for Colorado on
Q: i live in CO If I foreclose on a house and they sell,but dont get enough, can they come after me to get the rest ?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2016

Yes, a lender can pursue a deficiency judgment (collect the difference between the loan amount and the sale price in foreclosure) in Colorado provided that certain conditions are met (if you received notice from a court, then the requirements are met). If the deficiency amount is substantial or... View More

1 Answer | Asked in Foreclosure for Colorado on
Q: My home is in foreclosure and will go to sale in June. After sale when will they need to be out? Their rent is < FMV
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2016

With some limitations, the bank must either assume the tenants until the lease term expires or the bank must offer a buy-out to the renters to terminate the lease early. I recommend that you notify the renters of the anticipated foreclosure because AND notify the bank of the renters because the... View More

1 Answer | Asked in Foreclosure for Colorado on
Q: if my house was fourclosed how long does the new owner have to let me stay there ?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 9, 2016

I'm not sure where you are exactly in the foreclosure process. If you have only received notice of foreclosure, you may be able to stay in the home for a year or more. If the home is headed for sale/auction you usually must leave within 30-60 days from the date of notice. Some people stay... View More

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