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Please help.. my family's and I home is at risk!!
This is turning out to be a mess.. I'll try to keep simple:
Jim purchased the property in 1985 and was the only name ever on the loan with US Bank. When Jim moved from the property he gifted the property to his... View More 
answered on May 9, 2017
Are you saying that after 32 years that there is still a mortgage against this property? Absent refinancing or a 40
year loan (or worse, an interest only loan!) this would not happen. Something isn't adding up.
You REALLY need to consult with a local real estate attorney to... View More
answered on May 7, 2017
Yikes! The best approach is to contact the local police about the find (non-emergency). After the police clear the area (either by clearing a crime scene or declaring the site not part of a crime) you can consider whether or not this is something that should be disclosed. As a general rule,... View More
Construction started shortly after we moved in. Neighbor stated that they have known about the construction for two years. The HOA had sent a letter to everyone notifying them of the construction. I feel as though we should have been told. We are afraid that this will reduce our property value.... View More
answered on Apr 29, 2017
You may have a claim, but you will need to contact a real estate attorney directly. As a general best practice, the seller should disclose things that may impact the value or desirability of a home. Colorado might require the disclosure of the construction if the circumstances are right, but nearby... View More
Lease automatically changes to month-to-month at expiration.Tenant wants to renew for a year. Just found out we are being reassigned to Fort Carson in Feb, 2018 but don't have orders yet. Can we put a clause in new lease to allow us to terminate early because of our return to Colorado, so we... View More
answered on Apr 29, 2017
You can ask for the early termination provision, but the landlord has to agree to the term. The landlord is not required to agree to the early termination term, but may agree.
Our property is not currently in a floodplain. It is in a PROPOSED FEMA floodplain. The County Planning Administrator is using the proposed map to determine our building code. We will have to elevate our garage as well as add flood vents even though our property is not currently in a floodplain.... View More
answered on Apr 28, 2017
Consulting a real estate attorney is likely worth the effort. Planning commissions can have a life of their own (not always in a good way...). The proposed classifications may not be legally binding and/or you may be able to get an special exception for the garage. At minimum, you can have a lawyer... View More
The building manager said they would send one housekeeper but she would have to clean around furniture and would not be able to clean the whole apartment. There were mouse droppings and a mouse hole in the bathroom, digesting. Also they said a construction project would be going on from 19th to... View More
answered on Apr 26, 2017
You may have grounds for constructive eviction. You will need to contact a lawyer. While Colorado Legal Services and your local bar have resources for landlord-tenant issues, you may have to hire a lawyer.
Tenants have been absent from property for 25 consecutive days, we want to ensure there is no damage, i.e. Leaking pipe, refrigerator still working, furnace still functioning and septic still working. However they have put up a huge arrugment. Are we with in our rights to do an inspection?
answered on Apr 25, 2017
Justia's Q&A section cannot sanction a contextual "inspection" due to the tenants being absent for a period of time. The tenants have a right of privacy and a property right to prevent access. With some very limited exceptions, a landlord cannot enter the leasehold without... View More
The contract is for a house in Colorado and the seller agreed to pay for the repair.
answered on Apr 21, 2017
In order to determine your rights, you will need to thoroughly examine the precise language in the contract as it relates to this particular issue before making any decisions. The contract will control.
I live in Colorado. I have been separated from my wife for 7 years. The divorce was never finalized. I would like to buy a house, but I want to make sure she can not lay claim to it. Is there any chance that she could claim it? The property I would like to buy is in a different state from... View More
answered on Apr 19, 2017
If you want to remove any potential claims that your wife can make to the house purchase that your are considering, you will need to get divorced before you purchase a home. Since Colorado is a common law state, the informal separation allows you to claim that the house should not be divided with... View More
We have lived here for 2 years no problems. And now that we're up to renew our land lord wants all this info. She wants us to reapply and she wants pay stubs and employers numbers she wants proof of income and all kinds of things... can she ask for this stuff? She even wants to come and look... View More
answered on Apr 10, 2017
Requesting financial information is allowed. If you feel the information is too invasive, you have the option to not renew the lease. Things that cannot be asked generally relate to race, gender, and/or disability (beyond discovery for reasonably accommodation for the disability).
We were just told that the owner is selling the property (4/03/2017) they required a 45 day notice to not renew in June. We ask If we can break lease so we can find a place before the summer boost in rent prices. We were told by the owners middle man to go ahead and start looking and after that... View More
answered on Apr 7, 2017
Based on your facts you have reasonable grounds to assert the claim of implied agency which may allow you to break the lease early. The issue is that this can only be decided by a judge. As a result, even if your understanding is correct, you may have to litigate if the current landlord refuses the... View More
answered on Apr 5, 2017
You will need to contact a lawyer for a full review of your specific situation.
These are the general rules. Photographs of a home do not normally require a valid Colorado real estate license. Listing on MLS, Zillow, etc. for pay does require a valid Colorado license. Note, the homeowners... View More
answered on Apr 5, 2017
No, there are no restrictions. You don't have to be a resident of Colorado (ever). Note if you permanently reside in Colorado for 91 consecutive days you automatically become a resident.
Wanting to leave due to roommate disputes
answered on Apr 3, 2017
The misspelling is not a material defect in the lease.
As for the lack of a signature, the issue is complicated. A signature is usually needed to create an binding agreement (esp. for real estate). However, actions can impute an agreement (esp. for leases). In other words, you are likely... View More
Mortgage was with Wells Fargo, sold to FreddieMac. FreddieMac is requesting a release. How do I obtain and submit this release.
answered on Apr 1, 2017
This should be available at your local county assessor's office. Note, the original lender (Wells Fargo), should assist (by providing a release letter) with the removal. If more information or filing is required, you may need to contact a real estate attorney.
me that I have a Federal Pacific circuit breaker panel with Stab-Lok circuit breakers, which are faulty and a fire hazard. FP was the subject of a class action lawsuit in NJ I discovered and are considered faulty. The electrician also informed me no homeowners insurance policy would cover damage... View More
answered on Mar 30, 2017
You may, but you will need to contact a lawyer directly to see for certain. Only a lawyer (on a private basis) can evaluate the merits of your case and provide guidance.
We have photos, texts, and documentation to prove damage was due to poor maintenance and normal wear and tear, not willful or neglectful damage on part of tenant.
answered on Mar 29, 2017
As a general rule, landlords have accelerated procedures for tenants that violate some laws (usually drug related). You are welcome to contact the insurance company if you feel that fraud has or is occurring.
His girlfriend bailed him out of jail today and we don't feel comfortable with him living here anymore. We have two children and the police have basically told us we have to keep a closer watch on them and they aren't allowed on their own at the house because he may be there or come home... View More
answered on Mar 25, 2017
You can try to buy-out the tenant's interest or reach a private agreement for the tenant to leave. You cannot force an eviction or termination of the lease unless you are allowed in the lease agreement. If there is violence directed towards you or the children you can proceed with either an... View More
answered on Mar 21, 2017
Review your sales contract with the new buyer for details. Usually, a prior private inspection (or one done via a failed sale) does not need to be released. HOWEVER, if the inspection discovered a material defect in the home you are REQUIRED to disclose the defect (per Colorado law and most sales... View More
there is an easement road in front of our property for assess to the people down the road. right now we have a piece of paper that says the easement is 50' wide which comes onto our land by about 10 feet. we would like to put up a fence to enclose our property which would be about 25 feet of... View More
answered on Mar 20, 2017
You will need to contact a lawyer directly for a legal opinion. What you are proposing is limiting an easement for aesthetic purposes. You can consider hostility restricting the easement, but that is something best discussed with an attorney directly (there are many negative consequences if you are... View More
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