I recently wrote a piece that discusses the probate administration process and explains why it’s necessary when someone dies. But an estate doesn’t need to be opened for every person who dies. This article examines those situations where a decedent’s property can be transferred to rightful beneficiaries without a probate proceeding. In order to determine … Continue Reading
When you are no longer in a romantic relationship with the other parent of your child, one of the worst things you can do to your child is getting stuck in the litigation path with the other parent. Once you start down the litigation trap, it is common for one of the parents to become … Continue Reading
What is Probate Administration and Why is it Necessary? In order for someone to give or sell something to someone else, they must have the legal authority to make the transfer. When a person is alive, they have the legal right to transfer something they own because they hold legal title to that property. But … Continue Reading
What Happens to Debt Secured by Real Estate After A Foreclosure (or Short Sale)? When a property is sold at a foreclosure auction (or short sale) and the proceeds of the sale are insufficient to satisfy the outstanding debt on the property, there may be a deficiency, or an amount of debt remaining for which … Continue Reading
Co-Author: Peter G. Sotiropoulos Part I: Brief Overview This article addresses the effects of the “Dodd-Frank Wall Street Reform and Consumer Protection Act” (“Dodd-Frank”) on the compensation of mortgage originators (defined below). This, Part I, provides a brief overview of the new regulations, while Part II discusses specific compensation options for brokerage companies. Dodd-Frank is a … Continue Reading
Co-Author: Peter G. Sotiropoulos Part II: Questions and Answers about Lender-Paid Compensation Question 1: May a brokerage company contract for different compensation arrangements with different lenders? Yes, as long as the company pays its mortgage originators in a certain way. Pursuant to Dodd-Frank, Title XIV, Section 1403, “for any residential mortgage loan, no mortgage originator shall … Continue Reading
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
Co-Author: Peter G. Sotiropoulos In Augenstein v. Coldwell Banker Real Estate LLC, decided on August 30, 2011, a federal district court held that a brokerage firm violated Section 8(b) of the Real Estate Settlement Procedures Act of 1974 (“RESPA”) by charging a client $199 plus three percent of the purchase price for sale and settlement services. … Continue Reading
Considerations Before Walking Away From a Mortgage. The Denver Post recently published an op-ed piece entitled “The Wisdom of Walking Away from Your Mortgage,” which encourages homeowners who owe more on their property than it is worth to consider simply walking away from their mortgage(s). This article, and others like it that suggest walking away … Continue Reading
Hiring an Attorney to Go Through the Divorce or Custody Legal Process You may be asking yourself whether you should hire an attorney for your divorce or custody case. Consulting with an attorney is important to protect your legal rights. You may believe that you don’t need any legal advice because you and your spouse … Continue Reading
