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Colorado Real Estate Law Questions & Answers
1 Answer | Asked in Government Contracts, Land Use & Zoning and Real Estate Law for Colorado on
Q: What are examples of a piece of real estate being used or held for government purposes?

We are looking to possibly sell a piece of real estate that is currently blank land. It is used for carnivals and parking. On the same parcel (which would be subdivided). There is an event center which is owned by the City however this land is on the other side of the parcel and undeveloped. I do... View More

Michael Joseph Larranaga
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answered on Jul 21, 2023

It sounds like you may have a title issue.

If you are concerned the government is using the land without your permission, it could be a taking or trespass. It is also likely there is some type of agreement on the property. Regardless, you would need to dig deeper into it.

This...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: I have a rental property with an existing mortgage in Colorado. Can I add my son as a joint tenant on the deed ?
Michael Joseph Larranaga
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answered on Jul 10, 2023

It depends. I know everyone hates that answer.

In general, if you own a piece of real property, you can add another person as a Joint Tenant. But depending on state law, if the mortgage is a deed of trust or other, the terms of the contract and so on, changing ownership can be an issue....
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1 Answer | Asked in Real Estate Law for Colorado on
Q: State of Colorado real property implementing lien as an hair to equity.

There is a reverse mortgage on the home the equity outweighs the loan

T. Augustus Claus
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answered on Jul 6, 2023

A reverse mortgage allows homeowners who are 62 years or older to convert part of their home equity into loan proceeds without having to sell or move out of their home. With a reverse mortgage, the loan is typically repaid when the homeowner sells the property or passes away.

If there is a...
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1 Answer | Asked in Personal Injury, Real Estate Law, Antitrust and Arbitration / Mediation Law for Colorado on
Q: I have lived here 2 years. I am being harassed and evicted. Acute PTSD. No non payment issues. Neighbors like me.

They are retaliating and trying to provoke me so it'll be easier for them to evict.

James L. Arrasmith
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answered on Jul 11, 2023

I am sorry you are dealing with this. You should keep a record of the harassment, talk to the landlord, file a complaint with the housing authority, or consult with an attorney.

2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Insurance Defense for Colorado on
Q: Regarding LLC's and "personal" liability umbrella policies

I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I sign a new lease if I have 61 days notice of a rent increase in colorado if the notice is 60 days

I have one day before a 63 day notice of a rent Increase. That would start 63 days from today Can I sign a new 12 month lease before the 60 days of the time period before the rent increases. So with in thoughs 3 days can I sign a new lease?? I live in a mobile home park.

Peter J. Weinman
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answered on May 1, 2023

That's very creative, but you received actual notice of the increase, so if you're asking whether you can avoid the increase by renewing quickly, the answer is no - unfortunately.

----

I'm not licensed in your state, so let's make sure someone else doesn't chime in to tell you I'm wrong!

3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

Michael Joseph Larranaga
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answered on Apr 21, 2023

Good morning,

I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: How to replace a boundary fence without neighbors permission in Colorado

We live in an HOA and have houses to our right and left that share fences. The fences were built almost 30 years ago when the development was built and they are now rotting away, as well as the bottom of the 4x4 posts. This has caused the fence to lean to one side (theirs) and one section is about... View More

Ben Volpe
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answered on Apr 19, 2023

I'd double check all the HOA governing documents that speak to fences. If it is up to your neighbor and you to maintain, repair, and replace the fence as a shared fence, you will have to try to work with them. This can be difficult with contentious neighbors. No matter what you do,... View More

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mother passed away and left the family home to her children. There were 5 siblings. 3 quit claimed their interest.

Three were paid off when sibling 1 took out loan. Sibling 2 was in prison and quit claimed but never got their share. What is the best way to fix this situation? Three siblings have no ownership. Sibling one and two have different percentages of ownership but nothing in writing. Sibling 2 currently... View More

Michael Joseph Larranaga
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answered on Mar 29, 2023

If the property has already gone through probate and the personal representative distributed all the deeds, then there are numerous options including a partition action, contract negotiation, or other.

If the property did not go through probate, then that may need to happen so the deeds...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: I a the president of our neighborhood hoa. An owner has built an addition on his property. How can we get it removed?

There is an owner who has built a "screened in porch" off the side of his house, but he built it on the common area, which he does not own. The HOA owns all common areas. I have the papers that show the property lines, and he has definitely built the room on hoa property the... View More

Michael Joseph Larranaga
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answered on Mar 10, 2023

Good afternoon,

The HOA will most likely need to file a lawsuit against the property owner. If the structure is on HOA property, then it may fall under trespass law. In the alternative, it may be a breach of covenants. Regardless, if they are not moving it on their own then you may need to...
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1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: If a deed reads name HEIRS OF (1/3 INT) Name Name Name (1/3 INT) Name

What does this mean on a deed to property in colorado. So where it says Name are the people's name on the deed

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 8, 2023

I can't interpret the phrasing on the deed without seeing the entire document, but in general, the phrase "1/3 ENT" likely means a "one-third interest" or a one-third ownership is conveyed to that person. Contact an attorney and ask for help interpreting the deed and... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Month-to-month lease: Our landlord wants to impose a 50% fee to make us sign after raising rent in the last year. Legal?

Our rent was last raised in July. C.R.S. 38-12-702 is supposed to prevent landlords from raising rent more than once in the last 12 months, even for month-to-month leases. Our real estate company wants to impose a 50% fee for month-to-month renters in order to "incentivize" signing a new... View More

Michael Joseph Larranaga
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answered on Feb 28, 2023

It depends. If the 50% fee is a holdover fee, then it may be legal. If it is a late fee or rent increase, then it becomes more doubtful. Late fees should not be close to that amount. A rent increase can be to any amount provided they meet the timeframe requirements.

If the fee is not...
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1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Insurance Bad Faith for Colorado on
Q: Can an insurer require an investigation then after the investigation send a payment then after the payment turn around

Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.

According to our declarations. We feel... View More

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2023

A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Must an HOA provide monthly bank statements to owners within an HOA?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If the governing documents specifically state this, then yes but it is highly unlikely that it does. On the other hand, you have a right to inspect the books---I would recommend that you contact a local HOA/real estate lawyer and sit down and discuss the specifics of your dispute and then decide... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: In a property line dispute, can on party take ownership of another party's house/property?

My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... View More

Michael Joseph Larranaga
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answered on Jan 16, 2023

Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property... View More

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2 Answers | Asked in Real Estate Law and Contracts for Colorado on
Q: subcontractor put a Mechanics Lien on my property after I have paid full price to contractor I hired upon project done.

I only signed contract with the contractor and he is bankrupt now. what should I do?

James A. Greer
James A. Greer
answered on Jan 10, 2023

Dear Owner with Subcontractor Lien: The threshold question for proper legal analysis pertaining to the Subcontractor is whether or not the subcontractor sent to you, or tried to send to you, a certified mailing containing the proper notice that is required prior to recordation of a lien (it's... View More

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: With regards to CO Rev Stat § 38-12-103 (2016)

If the time specified in section 1 passes and the landlord has not returned the security deposit or provided an itemized list of deductions, are damages and fees still deducted from the amount of 3x the original deposit?

Michael Joseph Larranaga
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answered on Dec 29, 2022

Think of them as separate topics. The security deposit is meant to secure the performance of the lease. Once the time period has passed, the landlord forfeits the right to retain the security deposit. At that point, you have the responsibility to send the appropriate letters and bring legal action... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a boyfriend have claim on my condo if has lived in it with me for 8 years? I want him out of my home.

I purchased my condo in 2008. He moved in 2014 and still in my place now in 2022. We have a child together. If I get him out of my home can he have claim on half of my condo?

Michael Joseph Larranaga
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answered on Nov 17, 2022

That really depends. If you never transferred any type of ownership interest to him then in theory you should still own 100% unless you held out as married or did something else that would allow him to acquire an interest in the property.

That being said, you need to be aware of other...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Primary mortgage lien through company A. They sold it to company B. Lien still under A. Do I owe company A?
Timothy Canty
Timothy Canty
answered on Nov 11, 2022

Company B is likely just the servicer and not the actual note holder. This happens routinely and and is generally nothing to worry about.

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My husband and I both include our residency at his inherited property in texas is it considered shared?

We are military and both technically reside at my husbands property in texas however he inherited the property, in addition we paid the taxes this past year out of my saving and will be paying the taxes out of his account this next year, but we both use the account? It sounds to me like it’s to... View More

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

This sounds like it is his separate property. However, any increase in the value of that property that occurred during the marriage is marital property, subject to an equitable division (meaning "fair'", not necessarily "equal"). You should get a lawyer to help you with this.

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