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Judgement lien awarded to creditor in August, 2010. The judgement/lien was never renewed. It is still showing as unsatisfied, but the SofL in Colorado for a judgement issued in county court is 6 years. Is there a way I can clear this judgement/lien from the court record since the debtor never... View More 
answered on Aug 20, 2017
Judgment liens create a new SoL tolling period beyond the SoL for filing suit. In most situations this is 10 years from the date the lien was authorized by the court. Usually, an additional 10 year renewal is allowed. Colorado also has some case law that under the right circumstances can further... View More
answered on Aug 17, 2017
Generally, yes it is legal. Be aware the building(s) become part of the land and thus are jointly owned.
She just picked and chose what branches all green with leaves and hacked them out because she said when it was windy the branches would sway too much and she was afraid they would break.
answered on Aug 17, 2017
The neighbor is within her property rights to trim any growth that extends into her property. The neighbor is responsible for the removal/disposal of the cut branches.
Also in the contract, they were able to stay until the 15th, when we closed on the 31st. So, when we did the walk through, they were there and we have pictures.
answered on Aug 16, 2017
Based on your facts, this is a violation of the sales agreement (this is not "illegal", but is a civil--contractual--violation). You should start by contacting the agent about this problem. If you reach an impasse you may need to contact a lawyer for assistance. Expect to pay for the... View More
We have lived on this property of 18 acres for over 20 years. There is a property across the highway that owns about an acre of property on our side of the highway. The owners of the other property have not used or complained of us using this property. We would like to get possession of this... View More
answered on Aug 14, 2017
Colorado has several restrictive requirements of adverse possession, the biggest hurdle for most AP claims is that the adverse party must pay real estate taxes on the disputed property for the minimum statutory duration.
Contact an attorney for details. Expect to pay for the opinion.
My Father passed away in 2007 in the state of CO with no will. He and my mom own vacant land worth around $60K in Texas. There are 4 lots all together. One deed for two lots is only in my dad's name. The second deed for the other two lots is in both of their names. Did the land pass on to... View More
answered on Aug 12, 2017
Title (deed) can only be transferred to parties not currently on the deed (assuming a joint tendency was selected) via probate. Due to the significant gaps of time from death, special rules will need to apply to open a probate case. You will need to hire a probate attorney for assistance because... View More
He paid 10k in updates and I am willing to pay him but I can't until my refinance is completed in about 30 days. How can I get him to leave before that? His name is not on the title but he pays me rent towards the mortgage
answered on Aug 1, 2017
If he is a renter you can move for eviction/termination (assuming there is an open lease term and/or it is a month-to-month lease). Be aware you must give notice of a termination of the lease (usually 30 days).
If this is part of a divorce, you can include your ex's leaving as part of... View More
answered on Jul 27, 2017
No. While under some circumstances there might be a shared obligation for regular maintenance of a boundary fence, that would not include having to repair damage carelessly caused by a co-owner. They should consider turning it in to their homeowner's insurance company.
I was renting a duplex that had more than 5 Colorado code violations, with only one that was ever resolved. They let me out of my lease under specific terms which they did not comply with as discussed. Now they are saying that I owe money for things I should not owe for at all. I would like to know... View More
answered on Jul 28, 2017
Based on the information provided, this likely will not be resolved until litigation occurs. If you are owed money, you will need to sue in small claims; if the landlord is owed money the landlord will need to sue you in small claims court. You can also try negotiating out of court.
You may... View More
Two weeks ago, Weyerhauser, who provides the floor joists, reported fire retardant spray mixture is new and is causing a noxious out-gassing. The floor joists are installed, drywall complete, wiring, plumbing, heating and A/C ducting is installed. Toll Brothers has no remedy. They have closed the... View More
answered on Jul 26, 2017
The contact will likely control here. You will need to hire an attorney to review the circumstances and the contact to review the available options.
Basically, I have a condo that is legally titled in my parents name. I have occupied the condo as my primary residence for almost 4 years, and now that we are looking to sell I was hoping to find out the tax consequences. One option we've been discussing is the use of a quit claim deed to pass... View More
answered on Jul 17, 2017
The problem is that you must own the property for two years. The title is going to the primary if not sole determinant of who has owned the home. Unless you have some basis for claiming you hvae been the owner, I don't this this is going to work. See Publication 523 of the IRS for details.... View More
Well going in the house I had signed a contract to do for monthly rent until my funds come in to buy my home. The agreement was between the realtor and the home owner and all parties were fine. Now here we are 11 months down the road and for the past week the realtor has been doing home showings... View More
answered on Jul 17, 2017
Refer to your lease agreement. Most lease agreements allow the landlord to show the home under certain conditions. The scope and conditions attached to a showing are tied to the lease.
The landlord can legally sell the home with you as tenants and/or terminate the lease agreement (with... View More
answered on Jul 11, 2017
From a strict technical legal perspective, absent a power of attorney agreement, no person can legally bind another without consent. That said, in the real world married couples often sign on behalf of the other. For the overwhelming number of situations it really does not matter. This partly... View More
We are supposed to close in 9 days. The master bathtub was installed incorrectly. It has been removed, but sits in the middle of the bathroom for more than a week now. The wrong kitchen sink was installed. After insisting, builder stated they will install correct sink weeks ago, but no work has... View More
answered on Jul 6, 2017
Justia's Q&A cannot provide specific legal advice. You will need to contact (and pay for an attorney) to review the documents and provide advice. This charge should be around $100-$300 depending on the attorney. As a general rule, failure to timely correct documented construction... View More
I would like to buy a large property in Colorado which was obtained in a tax sale by a 3rd party and then sold to another person who is now trying to sell the land to me.
The seller says:
"Typically if the buyer wants anything other than a quit claim deed, then the additional... View More
answered on Jul 3, 2017
I think the basic assumption by the seller is that the tax lien (and sale) washed away any potential hidden claims. This is not necessarily true.
A quit claim provides no protection from any claims beyond that of the grantor (as you know) and, to my knowledge, you should not be able to... View More
answered on Jul 1, 2017
Tenants in common means that at death the interest in the property does NOT terminate and does NOT revert to the surviving parties listed on the deed/title. Joint tenancy and tenancy by the entirety terminate the interest on death to the surviving parties listed on the deed/title. Colorado defaults... View More
warranty company at the time, and now say they did not receive an invoice. We filed claims in June, not knowing we were not covered. At this point we were informed they had not paid the warranty. The title company sent the check, and told us it was resolved. The warranty company says our account... View More
answered on Jun 26, 2017
You should contact a real estate attorney. Based on your facts there is a significant possibility that the title company is liable for the warranty amount, but an attorney will need to review all the documents to make sure. Since this involves litigation (and not just asking free advice) you should... View More
We started a business and My father in law agreed to sign on the mortgage in order for me to start this farmstead bed and breakfast business. I have been paying the bank directly for the last 5 years and have completed tens of thousands of dollars of improvements and repairs. They are trying to... View More
answered on Jun 26, 2017
There is no set time except for any set forth in the offer. An offer may be withdrawn if not accepted within that period. However, the real issue here is for you to take steps to enforce your original agreement. Alternatively, you may have a claim for unjust enrichment. You should retain an... View More
Buyer conducted an inspection and then decided not to purchase the home. A week later I was contacted by their firm, and told a written termination was coming but two weeks later, nothing. The closing date was to be June 14. I am not sure how to proceed now. My wife is upset, and I have been... View More
answered on Jun 25, 2017
Absent a signed contract and/or payment it will be hard to establish that a complete agreement was reached. You will need contact (and likely hire) an attorney to review the contract (if any) and surrounding circumstances to make an assessment of the likelihood that an agreement was created.
I moved out 3 mos prior to term date, with advance notice to landlord and constant communication, hoping she would be able to re-rent the house. She finally found a renter who wants to move into the house 4 days prior to my lease end date. We will have paid 3 months rent for a house we do not live... View More
answered on Jun 16, 2017
You are not required to agree to an amendment. If the current lease term has expired (or will soon), the lease will terminate on the expiration date listed on the lease. You clearly have given notice and presumably complied with the lease terms until termination. In other words, based on your facts... View More
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