Does a Private Party Foreclosure Differ from an Institutional Lender Foreclosure?

Private Lender Foreclosure vs Institutional Lender Foreclosure Most purchases of Colorado real estate involve some sort of mortgage financing, in order to complete the purchase. Although a majority of mortgage financing is done by banks or other lenders in the business of making loans (known as “institutional lenders”), some financing is done with a private loan… Continue Reading

Real Estate Brokers & Referral Fees under RESPA

Special Considerations for Commercial Real Estate Brokers and Referral Fees under RESPA and Colorado law. Paying for referrals is a common practice in various competitive industries where the struggle to attract customers determines which participants will flourish and which will flounder.  However, the business of real estate is subject to various restrictions that limit industry-participants’… Continue Reading

Local Ordinances on Construction Defects

Know Your Local Ordinance on Construction Defects When state law on construction defects failed to change despite lobbying efforts, many cities enacted their own local ordinances regarding how to deal with construction defects in new housing and there are probably more to come. Currently, Arvada, Aurora, Centennial, Colorado Springs, Commerce City, Denver, Lakewood, Littleton, Lone… Continue Reading

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

Same Sex Marriages and Maintenance

Gay and lesbian, (same sex marriages) couples face unique challenges concerning awards of maintenance (alimony) in Colorado courts. Co-Author:  Gregg A. Greenstein, Esq. The US Supreme Court legalized gay marriage in the landmark 2015 decision Obergefell v. Hodges. If a same sex couple applied for a marriage license after the Obergefell v. Hodges decision, the… Continue Reading

Documentation of Employee Discipline

Boring but True: Four Rules on the Documentation of Employee Discipline Few things are less flashy than the process of creating a detailed personnel file including reports on disciplinary action taken against an employee.  This is especially true when the documents and reports sometimes disappear forever into a filing cabinet or drawer, never to be… Continue Reading