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answered on Jul 5, 2016
Any additional name on title means that the person is a co-owner. Colorado allows two types of ownership, joint tenants (an interest terminates after death) and tenants in common (a interest survives after death and is inheritable). Default in CO is joint tenants. Note, property purchased during... View More
Woman didnt own the trailer and broke her agreement to buy it by giving me keys and leaving state. Property owner said i should not have paid her any money. She is now threatening to sue me for rest of money. I have a conract in place to buy the trailer from rightful owner now. They say she had no... View More
answered on Jul 2, 2016
You will need to hire a lawyer to review all the documents and make a definitive statement about your situation. For Justia, I can provide general legal guidelines. As a rule, contracts for the sale/purchase of an item are conditional on the seller having title/ownership of the property and the... View More
I bought a home with a co borrower we shared title jointly. The co borrower is now deceased but there name is still on the liens to the property. Now I want to sell the home can I sell the home with my signature and the death certificate or do I have to remove their name from the liens?
answered on Jun 30, 2016
The answer depends on how the co-ownership is recorded. If it is tenants in common, the decease's interest survives death and is inherited; for joint tenants, the interest terminates at death. Check with the county where the deed in recorded to find out if a JT or TIC exists. If the right... View More
The buyers told their agent that they would not be able to purchase the house without selling their home first. The agent told the buyers that they would never get the house if they made a contingent offer. The buyers had a contract on their house at the time and qualified for financing. The... View More
answered on Jun 24, 2016
Contact a real estate attorney. I do not have enough information to make a complete assessment, but from your facts proving fraud will be very difficult.
I would like to leave our HOA at master green valley ranch home owners association. I feel that the fines are too much and that much of what is happening is more of a harm to my family rather than a help. I don't understand a lot of the legal jargon but is there a way to do that according to... View More
answered on Jun 20, 2016
You will need to contact a lawyer for specific advice. For general advice, HOAs in Colorado are given very wide latitude in the scope and degree of contractual "self-regulation". I am not aware of any case law in Colorado in which a person has successfully left a HOA against the HOA's wishes.
I have a RE contract from 3 months ago for a law firm (same parties) but funding didn't go through. It was about $1700 for the contract and I'd like to avoid paying again if I can. Can I just update? Change dates and remove the lawyers firm?
My grandfather passed away in 1996, my mother inherited the house through the will. She never changed the deed, She passed away in Nov 2015 intestate. Her estate is in probate and I am trying to sell the house but she never changed the deed. What can I expect?
answered on Jun 19, 2016
This is not that uncommon. Provided that you have all the documentation, it is a comparatively easy process to "correct" the paperwork and deed. You probably want to contact a probate attorney (assuming you are the personal representative/executor).
What type of Law covers these kinds of cases (homeowner vs. roofing company)? I'm looking at the website for BOCO legal aid for advice and am not sure which category to choose from? Thanks for your assistance.
answered on Jun 19, 2016
This is a tort or property law claim (the specifics are not important). Review the contract with the roofing company (look specifically for damage to property provisions). You may need to contact a lawyer.
Several years ago I mentioned to the owner that the offending tree was going to interfere with mine. He made a lame mitigation, but the tree is still overhanging into my yard.
answered on Jun 8, 2016
You are welcome to cut the tree at your property line, but you cannot charge your neighbor.
I am a co-owner of a mobile home and the other co-owner who happens to be my father is threatening to evict us because he's mad at me and stating if there are any "unauthorized" visitors he's going to kick us out and put a restraining order on us. Is this even legal if I'm part co-owner?
answered on Jun 1, 2016
If you are on title, the other owner cannot prevent access, evict, etc. He can force a sale. The same rules apply to you (assuming you are on title).
My parents passed away in October 2014 before transferring the title of a $70k cottage to one of my seven siblings. Now five are contesting (in probate) the sixths siblings belief that the property should be his. I want no part of this property nor the ensuing legal fees I foresee from a... View More
answered on May 23, 2016
I assume that you are a beneficiary, but not the personal representative (executor) to the estate. If this is correct, you will not be personally liable for ANY legal fees (unless you file into the case, and then only for your personal legal fees). The legal dispute may reduce (and potentially... View More
The tree is on common property of a townhouse association, I have asked their property manager repeatedly via phone and email.
answered on May 18, 2016
Trees and other landscaping must be keep in a manner that is safe for surrounding property owners. If there is not a legitimate safety concern, the owner is not required to trim the tree (courtesy is a different story...). On the other hand, you the surrounding property owner have a right to trim... View More
answered on May 15, 2016
Review you various agreements first, but as a general rule you are not forced to accept an offer.
She told us she will beigin showing on 5/10 8am to 6pm until the home is rented. I was under the impression we need 24 hour notice. Also is there any limit to what they can show, or do they have total freedom around the house?
answered on May 7, 2016
Check you listing agreement. Most agents tend to imply that a showing can occur at any minute to encourage homeowners/sellers to keep the place clean and presentable. I have never seen a listing agreement in which the agent will appear with potential buyers without providing reasonable notice to... View More
answered on May 7, 2016
Some material may not be available to the public. Check with the county where the home is located. Many counties have detailed information about a home for free. If you want a complete list of information about the house, you likely will have to contact the county and request the documents (a fee... View More
Wondering if county records will still show my name later on after I transfer the property to a land trust.
answered on Apr 30, 2016
You will need to contact a lawyer for specific advice. Justia's Q&A is designed for general questions.
I represent trustees of an estate that are selling a small commercial property in CA.
We have 4 prospective buyers lined up, so it looks like no marketing is required.
The trustees have little knowledge of comm'l real estate, so we would like to hire someone to take the deal... View More
answered on Apr 30, 2016
You will need to contact a lawyer for specific advice. Justia's Q&A is designed for general questions.
I am a seller under contract. In addition to the 1st offer, I have a better back-up offer. The buyer has just asked for several expensive things to be fixed in the Inspection Objection. Can I just say no and move on to the better backup offer? What makes this a tricky situation is that the buyer... View More
answered on Apr 24, 2016
Since Justia does not create an attorney-client relationship, I cannot directly answer your question. As a general rule, you, the seller, have a right to reject the (counter) offer of repairs (or discount for the repairs), but the buyer can still enforce the contract (assuming the buyer drops the... View More
I cant find a new place to rent. No one accepting Section 8 Voucher or rentvis to high for what I am allowed with the voucher.
answered on Apr 12, 2016
The lender and subsequent purchaser cannot lawfully evict a tenant or change the terms of a pre-existing lease from the property. The new owner(s) can either (1) refuse to renew your lease or (2) offer to buy you out early. If the lender tries to force you out via letters and/or changing the locks... View More
its a vacant lot, i would like to invest some money im coming into but am not allowed to have, the land cant be under my name either because its an asset.
answered on Apr 7, 2016
There is not enough information to make an assessment. The fact that you appear to be intentionally trying to sequester assets is not a good sign...
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