Assignment of Lien Positions The assignment of junior liens and other redemption positions allows the system and markets to maximize the value of these positions. For example, a home owner’s association lien might have little value to the home owner’s association in a foreclosure of a senior deed of trust because the homeowner’s association … Continue Reading
Bid Rigging In certain situations the courts have equitable discretion to extend statutory redemption periods and void foreclosure sales. Courts have the power to set aside a foreclosure sale or extend the redemption period if there has been “fraud, deceit, or collusion.”(E1) One type of collusion occurs when two or more bidders at a foreclosure … Continue Reading
What Do I Need to Know to Bid at Colorado Foreclosure Auctions? A. Tracking Sales The public trustees along the front range of Colorado generally have websites that allow investors and others to track the status of properties that are in some stage of the foreclosure process. For non-agricultural property, public trustee’s sales cannot be … Continue Reading
Colorado law allows for Courts to issue temporary and permanent civil restraining orders to prevent harm. Restraining orders are referred to as “protection orders” in Colorado. Restraining orders (also called “protection orders” in this article) can be issued quickly, inexpensively, and without notice to the person against whom it is issued. Once the judge signs … Continue Reading
Co-Author: David A. Farus, Esq. Leasing Brokers may now lien property when the owner defaults on its obligation to pay leasing commissions for commercial properties. At the closing of most real estate sales, the buyer brings new money to the table. Even in short sales, where the seller’s debt exceeds the purchase price, the amount … Continue Reading
I. Introduction In Colorado, the foreclosure process historically gave borrowers two opportunities to pull their property out of foreclosure. Prior to the foreclosure sale, the borrower (and others) could “cure” monetary defaults. After the foreclosure sale, the owner could “redeem” the property. For foreclosures filed after January 1, 2008, the time period which would otherwise … Continue Reading
The Anticybersquatting Consumer Protection Act (ACPA) is designed to punish people for registering a domain name with the intent of making money off of someone else’s trademark rights even if a trademark is not registered. For example, if a well-known corporation had failed to register a domain name such as www.famouscorporation.com and someone else … Continue Reading
Co-Author: Jordan Bunch, Esq. Consider a transaction scheduled to close on Wednesday, June 30, 2010, attended by both buyer and seller. The seller signs all of the seller documents, including the deed, which is tendered to the closer for recording. The buyer signs all of her documents and tenders her down payment. Though the buyer’s … Continue Reading
Don’t Run the Risk of Listing Your Own Home for Sale If you are a broker, check your E & O insurance policy. You may not want to list your own property for sale if you do not have coverage. Sellers and Brokers alike are being sued by buyers on claims of alleged misrepresentations regarding … Continue Reading
Where Does All That Money Go? Child Support, Spending and Extracurricular Expenses Colorado law is not specific concerning how a parent receiving child support is supposed to use the money. Child support is generally determined by a formula. The formula is supposed to calculate child support based upon the parents’ combined adjusted gross income estimated … Continue Reading
