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.
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.
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.
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...
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...
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.
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.
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.
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.
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.
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...
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