Your husband and his cousin can sell the house since they are the owners. However, if a divorce was filed, you could request a court order not to sell until the divorce is final and the property division is set. Any increase in the value of the property (Husband's share) that occurred during... View More

Since she is on the title, she would have to quitclaim her interest to you. The only other option is a court order.

Dear Colorado Real Estate Cancellation Client: unfortunately while there are "cooling off" periods allowable under the law in certain other transactions (mortgage loans; memberships to health clubs; door-to-door sales; home solicitation sales), the entering into a Purchase Contract for... View More

You must first calculate your cost basis which is the purchase price plus the cost of any improvements. Subtract that amount from the proceeds (minus costs of sale). The first $250,000.00 of profit is exempt from taxation. Anything over that is taxed at capital gains rates.

From your facts it is acceptable for the landlord to "terminate" the agreement (technically no complete agreement was reached). However, the landlord must return all money (since no lease agreement was created). If the rental was occupied (even for a short duration), the landlord can... View More

Dear Colorado Springs Realty Purchaser: The defense of "mistake" in the entering of a Contract For Sale is only valid if the mistake is: (A) mutual (both parties made a material mistake of fact - example: both parties believed the residence was a single family home and then they found... View More

Dear Denver Ex-Husband Remodeler: As you probably imagined, most legal analysis pertaining to the rights of a party against another begins with the inquiry - "was there an agreement" ? By the content of your question, I reasonably believe you did not have a "written... View More

It depends. You say that Grandpa and Grandma own the house. Does that mean they hold a deed as joint tenants with right of survivorship? This would be on the deed from when they bought the house. If so, then it next depends on what you mean when you say that Grandpa signed over half the house.... View More

It sounds like the foreclosing lender/attorney is being reasonable. Read the Stipulation carefully and make sure it says what you think it says - you are agreeing to waive your Rule 120 rights in return for an extension of time. Verify with the Public Trustee that the sale date has been extended.... View More

Who ever holds the promissory note can demand payment from you based on the terms of the note. Sometimes the holder of the note will delegate the "servicing" to another company. That company then has the power to demand payment and to foreclose if there is a default. You don't give... View More

It appears the broker is the listing broker as opposed to someone you retained specifically to represent you as the buyer? Assuming that is correct, the listing broker is not your fiduciary and not responsible for your best interests. Rather they represent the seller. They are nevertheless... View More

Every planned community is subject to rules called CC&Rs (covenants, conditions and restrictions). You should read them carefully and determine exactly what duties and powers the HOA has. If your neighbors are in violation, the HOA may have a duty to enforce to rules. If they refuse, they can... View More

It's theoretically possible, but there are some complications. Most deeds of trust have a "due on sale" clause. This means that if you transfer an interest in the land to your partners, the lender can call the loan. You should disclose all material facts to the lender and get written... View More

If they purchase real estate with a mortgage, the lender will no doubt require an appraisal. Notwithstanding, in all cases, a purchaser would be foolish to not first obtain an appraisal to ensure themselves that the property is worth what they are paying for it.

It's possible but there would be several challenges. First, there is the question of government constraints. What do the Frisco and Summit County codes permit or restrict in terms of zoning, occupancy, etc.? You are talking about redefining property boundaries in a way that triggers such... View More

Easements, which are rights to use certain portions of another person's land for limited purposes such as a road, can be established through use, through necessity or through contract. Is it 20 feet of the road that crosses onto your land? If that road is necessary to your neighbor to get... View More

If the tenant won't voluntarily agree to move, your only choice is to sell it subject to the tenancy. The new owner would have to wait it out - not an attractive prospect.

If your mother truly qualified for the mortgage on her own, there should be no need for her husband to be on the deed or at closing.She should get an explanation from the mortgage company. In Colorado, a married woman may hold title in her sole name, without her husband.

What you are referring to are documents that are readily available in the public records. Why didn't you look into this before you closed?

Without knowing your entire financial picture, I cannot determine whether a bankruptcy would be right for you. A bankruptcy would relieve you of liability for the PA property, but I can't determine whether it would protect your other assets. Since you apparently have not lived in Colorado for... View More