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Colorado Real Estate Law Questions & Answers
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

Donald C Eby
Donald C Eby
answered on Jun 4, 2019

It is a little difficult to clearly understand the chain of title here. But, generally the seller must sign exactly as he or she took title. If that did not occur the title company may refuse to issue a title policy for a transaction now. The only way to cure is to file a corrective deed which... View More

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2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: If a seller agent misrepresents portions of a builder contract on a sale, can buyer cancel and have earnest returned

1. Buyer did not know deposit was listed as non refundable and seller agent presented contract on a way that made it seem as thought they had a 30 day review period to terminate and receive funds back, was also represented that HOA doc concerns were included as termination right under 30 day review... View More

Donald C Eby
Donald C Eby
answered on May 26, 2019

If seller (or seller through is agent) misrepresented the terms of the deal or otherwise mislead you into signing a contract you may have a right to terminate and demand your earnest money back.

But, your rights will be dependent upon your ability to prove the misrepresentation. I...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: How do we get the name of a financial lender off of the deed when the property is paid.

Our church bought 4 pieces of property. The first two we got financing on our own. The next two we got financed through a larger church organization that absorbed the first note and spotted us the money for the next two. We have since paid the loan off in full but the deed lists us and the other... View More

Donald C Eby
Donald C Eby
answered on May 9, 2019

The lender will need to release it's claim. The type of security that was provided for the loan will determine the type of filing that needs to occur to release the claim.

This is likely a valuable property and worthy of retaining an attorney to ensure that the Church has full and...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: what notice should be given to terminate a month to month lease after 9 years renting a private home in Colorado.

I believe it should be 90 days after 1 year

Donald C Eby
Donald C Eby
answered on Apr 25, 2019

The notice requirement is not based on the length of time that the tenant has been in place. The notice requirement is based upon the type of lease in place.

If you have a month to month lease the Notice requirement is 21-days prior to the end of the current lease term.

Notice is...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: how do i add a parcel number to a filed qcd that only has the address?
Donald C Eby
Donald C Eby
answered on Apr 16, 2019

You'll need to file a corrective deed.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a property manager change a lease after it is signed by all parties?

I have a new lease that was signed by both lessee and lessor on April 1st allowing a move in date of April 12th. Now the property manager is saying the last tenant is staying month to month and we can't move in until the 30th. The old tenant gave notice to move, do they have a claim to lease... View More

Donald C Eby
Donald C Eby
answered on Apr 4, 2019

Do you want to sue the landlord to enforce your contractual rights?

1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Q: a borrower has the right to prepay the principle amount in whole or part of without penalty except with consent of note

Holder,who may require compensation for adverse income tax consequences of such early payments. what is a borrower to say or do if note holder ask the borrower for alot of money ?

Donald C Eby
Donald C Eby
answered on Mar 15, 2019

Either the borrower has the right to pre-pay without penalty or he does not. This should be defined in the terms of the Promissory Note. Lender does not have the right to unilaterally change the terms or demand more. If there is no written promissory note - Lender likely does not have the right... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: What document is there to show that myself and my brother are heirs of our great grandfather.

My great grandfather received a land patent in 1902 and we want to show that we are his heirs for a dispute we are having concerning him and his patent.

Donald C Eby
Donald C Eby
answered on Mar 10, 2019

This will depend on what documents your Great Grandfather, your Grandfather, and your Father have left WRT designating their heirs or the results of the probate of their estates.

As this goes back 4 generations an you are obviously attempting to take property from someone who believes...
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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

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am on a lease that terms may 5th and requires a 60day notice. They are forcing a remodel to the unit to be done.

They are making us find a place to live while we store all our belongings in our garage while they renovate for 14 to 18 days. But are saying we have to pay for the full month of rent Still. Is this legal to make the tenant pay for rent while making them leave for renovations???

Thank you.

Donald C Eby
Donald C Eby
answered on Mar 4, 2019

There is likely some LL abuse occurring here. I recommend you contact an attorney to draft a demand letter to be sent to the LL asserting your rights of sole and exclusive possession.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: If an estate has not been filed for more than five years after the death, is that legal?

My mother in-law helped us secure a mortgage for a home we shared with her. The loan is only in her name. We have paid for ever bill in association with the property and loan. Now my father in-law who doesn’t and hasn’t lived with us discovered the equity is in our home is sizable and is... View More

Donald C Eby
Donald C Eby
answered on Feb 28, 2019

Ultimately, someone will have to Probate the Mother's Estate. If you have a lot of equity at stake I recommend you talk to an attorney to protect you in this process.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Colorado on
Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

my mom committed adultery and left the marital home owned in joint tenancy 6 years prior to my dads death, my mom passed away 6 years later, both names are still on house deed/mortgage, they have 3 adult children, (neither had a will) moms boy friend claiming common law husband is trying to take... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 28, 2019

Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her... View More

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1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Colorado on
Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

I had a contract with my ex property management which stated the tenants who live at my home were supposed to be responsible for damages they caused to my home and the tenants were supposed to switch the metropolitan water, sewer and trash to their name and they never did. She robbed me and nobody... View More

Donald C Eby
Donald C Eby
answered on Feb 15, 2019

You should initiate a breach of contract suit in Small Claims Court.

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on
Q: I have gotton a ticket from a forest service officer in november 2018 for putting my gate back up he told me that i d

That i didnt have any right doing that the property has been in the family for years my father bought it from grandma back in 1970 he payed for a title insurace and water rights and back then the insurance policy took claim to the road so now sit waiting i havent been in front of a judge yet it... View More

Donald C Eby
Donald C Eby
answered on Feb 10, 2019

This could be complicated, I recommend that you at least spend some time with an attorney to review your title work and other documents to assess the validity of your defense prior to going before the court.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Under CCIOA can you be grandfathered in and not pay dues if you own a lot prior to formation of association?

There was no HOA established when we purchased and we did not pay any dues as it was voluntary as stated in a letter to us in 1997 (2 years after purchase) as an association was formed and we were told it was voluntary. In 2006 we were told the association was under CCIOA and all homeowners were... View More

Donald C Eby
Donald C Eby
answered on Feb 10, 2019

Whether or not you are part of the Association, and thus required to pay dues, will depend upon whether or not you have allowed your property to be encumbered by the HOA Covenants. If no - no dues. If yes, you'll be subject to all HOA rules including the assessment of dues.

If you...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: Does a utility company need an easement for a utility pole anchor wire that prevents access to my carport?

I have an alley-accessed garage and carport. There is a utility pole on the property line between me and my neighbor. Two guide wire/cables are anchored about 10 feet from the pole, in the direction of my property, at roughly a 30-40 degree angle, to the pole. As a result, the cables prevent... View More

Donald C Eby
Donald C Eby
answered on Feb 6, 2019

Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.

If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action...
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1 Answer | Asked in Construction Law and Real Estate Law for Colorado on
Q: What are my rights when living in a house we are remodeling for owner and only pay rent when not able to work on house

Agreement was my husband remodels house in side and out in exchange for rent 700 month utilities included when work hours do not add up to 700 we pay the difference has been working out for 5 months and then out of nowhere they are saying the rent is 900 utilities are not included and suggested if... View More

Donald C Eby
Donald C Eby
answered on Feb 1, 2019

Hopefully you have a written lease to validate the $700/mo plan. Otherwise, you likely have a month to month lease which allows either party to change the terms of the lease on very little notice.

Good Luck!

1 Answer | Asked in Small Claims and Real Estate Law for Colorado on
Q: Can I be reimbursed for a Warranty Deed if the seller defaults?

Apparently the seller was a third party, and I have been paying her monthly installments for a parcel of land in Colorado. Come to find out, she has not been paying. Was recently notified by the actual owner of the land that she defaulted. Can I file against the seller that I signed a contract... View More

Donald C Eby
Donald C Eby
answered on Jan 31, 2019

You may have a fraud or a breach of contact case. You should contact an attorney to discuss the details more specifically.

1 Answer | Asked in Banking, Contracts and Real Estate Law for Colorado on
Q: Closed on re-finance last night. Was called today and told underwriting is voiding the loan. I have a signed agreement.

I have 3 days to rescind the deal. Does the mortgage company have the same opportunity in Colorado? I have not received any funds. The funds were scheduled for transfer 3 days after closing. Do I have any re-course?

Donald C Eby
Donald C Eby
answered on Jan 25, 2019

It depends on exactly what the loan docs say. You may want to have an attorney review the loan docs and potentially help you with a demand letter or law suit.

1 Answer | Asked in Real Estate Law for Colorado on
Q: So I was buying a house from my uncle he signed the contact and gift of equity with his daughter to witness it.

He signed it 12/17 closing was the 31st he passed on the 22nd. Now his daughter is saying we can't buy the house. Do I have any rights here. We have put 25000 into the house

Donald C Eby
Donald C Eby
answered on Jan 23, 2019

Yes you have rights. You have a contract to buy the home and you may enforce that contract against the estate. If the daughter is unwilling to cooperate you should contact an attorney to assist you in resolving this matter.

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