Colorado Real Estate Law Questions & Answers
Q: a borrower has the right to prepay the principle amount in whole or part of without penalty except with consent of note
Donald C Eby's answer
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 to prevent early payment or charge a fee for early payment.
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 to prevent early payment or charge a fee for early payment.
Q: What document is there to show that myself and my brother are heirs of our great grandfather.
Donald C Eby's answer
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 that they are the rightful owner, I recommend you get an attorney involved to help you.
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 that they are the rightful owner, I recommend you get an attorney involved to help you.
Q: I am researching the Colorado rent control ban. How do I find out about the original court case that it came from?
1 Answer
| Asked
in
Real Estate Law, Land Use & Zoning and Landlord - Tenant
for
Colorado
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Timothy Canty's answer
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.
https://frascona.com/rent-control/
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.
https://frascona.com/rent-control/
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.
Donald C Eby's answer
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.
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.
Q: If an estate has not been filed for more than five years after the death, is that legal?
Donald C Eby's answer
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.
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.
Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property
2 Answers
| Asked
in
Divorce, Family Law, Real Estate Law and Probate
for
Colorado
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
John Hyland Barrett III's answer
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 "boyfriend" would have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
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 "boyfriend" would have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
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.
1 Answer
| Asked
in
Contracts, Real Estate Law and Small Claims
for
Colorado
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Q: Under CCIOA can you be grandfathered in and not pay dues if you own a lot prior to formation of association?
Donald C Eby's answer
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 are unsure whether or not your property is subject to dues or you believe the HOA is wrongfully attempting to assess dues against you, I recommend contacting an attorney to have the title to your property...
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 are unsure whether or not your property is subject to dues or you believe the HOA is wrongfully attempting to assess dues against you, I recommend contacting an attorney to have the title to your property...
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
Donald C Eby's answer
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.
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.
Q: Does a utility company need an easement for a utility pole anchor wire that prevents access to my carport?
Donald C Eby's answer
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 and likelihood of success.
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 and likelihood of success.
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
Donald C Eby's answer
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!
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!
Q: Can I be reimbursed for a Warranty Deed if the seller defaults?
Donald C Eby's answer
You may have a fraud or a breach of contact case. You should contact an attorney to discuss the details more specifically.
You may have a fraud or a breach of contact case. You should contact an attorney to discuss the details more specifically.
Q: Closed on re-finance last night. Was called today and told underwriting is voiding the loan. I have a signed agreement.
Donald C Eby's answer
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.
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.
Q: So I was buying a house from my uncle he signed the contact and gift of equity with his daughter to witness it.
Donald C Eby's answer
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.
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.
Q: when is a lease terminated in Colorado? is it at the end of the term or can it be terminated before the end of a lease?
Donald C Eby's answer
You have the right to appeal. But, based on the facts you present, I do not expect it to be successful. The issue here is when did the lease end. Your providing notice and returning the keys is not a termination of the lease without the landlords agreement to termination. He accepted possession but that does not equate to an agreement to terminate the lease.
You have the right to appeal. But, based on the facts you present, I do not expect it to be successful. The issue here is when did the lease end. Your providing notice and returning the keys is not a termination of the lease without the landlords agreement to termination. He accepted possession but that does not equate to an agreement to terminate the lease.
Q: Under § 38-12-103. Return of security deposit do they have to send certified mail if they are withholding??
Donald C Eby's answer
Certified Mail is not required by the statute. But, traceable mail is a good idea for a landlord.
Certified Mail is not required by the statute. But, traceable mail is a good idea for a landlord.
Q: Does my mom have to sell my dad's estate after probate? He had 3 kids prior to marrying my mom & they then had 4 kids.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Colorado
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Donald C Eby's answer
It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
Q: Had an inspection & found out the water heater/furnace weren't new, when the listing said they were. Anything we can do?
Vincent Gallo's answer
Start by telling them that you are not closing, and any circumstances. Leave it for them to respond to you.
Start by telling them that you are not closing, and any circumstances. Leave it for them to respond to you.
Q: i have a contract to sell my house, and i need someone to look over it for me and let me know if it is legit.
James Alan Greer's answer
Sales Contract (Residential): I am equipped to assist, and happy to help. Would be best if you sent along the proposed/pending Contract via email, and I'll supply you with a responsive email identifying the Fixed Fee to perform review, analysis, and advice. Thanks. jamesgreer@CalCoLaw.com
JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice...
Sales Contract (Residential): I am equipped to assist, and happy to help. Would be best if you sent along the proposed/pending Contract via email, and I'll supply you with a responsive email identifying the Fixed Fee to perform review, analysis, and advice. Thanks. jamesgreer@CalCoLaw.com
JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice...
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