Author Archives: Jordan May

Partition Actions Between Property Co-owners

Partition Actions: Remedies for Sour Relationships Between Property Co-owners Question: I own a rental property with a friend, but we’re locked in disagreement on what to do with the property or whether to sell it. What legal remedies do I have? Answer: Many people acquire investment properties with friends with only the best intentions, but… Continue Reading

Lender Lien Priority Disputes

Colorado Court of Appeals Helps Clarify Lender Lien Priority Disputes With the downturn in the economy beginning in 2008 and corresponding uptick in lender foreclosures and collection actions, Colorado courts have been revisiting the arena of secured transactions. In certain cases, competing lenders have skirmished over the assets of a common borrower. These skirmishes can… Continue Reading

The “Produce the Note” Foreclosure Defense in Colorado

Co-Author:  Tasha J. Power, Esq. Question: I have seen news reports explaining that banks and other mortgage lenders need to produce the original signed promissory note if the lender is going to foreclose on a piece of real estate. I’ve also heard that many lenders can’t produce the original promissory notes. Can I demand that… Continue Reading

Colorado License Law and Apartment Managers

What Functions May an Apartment Manager Perform Without a Real Estate License? It can be a complicated task to successfully navigate the maze of Colorado laws and regulations regarding what type of real estate functions, especially property management functions, require a real estate license. The laws and regulations themselves sometimes lack clear and specific requirements… Continue Reading

Considerations in Obtaining a Zoning Variance

  What is a zoning variance? A zoning variance is a deviation from the standard zoning regulation. In Colorado, municipalities recognize that the strict, literal enforcement of zoning regulations may not always make sense. For this reason, Colorado law requires that counties, cities and towns each form boards of adjustment consisting of a panel of… Continue Reading

What Property Owners Should Know About Zoning Violations

As a result of these economically challenging times, many property owners come up with creative means to maximize income generated by their properties, whether residential or commercial. Recent examples include the proliferation of short term and vacation residential rentals like those seen on www.vrbo.com and www.craigslist.com. Other examples include property owners expanding property uses, including… Continue Reading