Co-author: Jeremy S. Durham When a residential or commercial tenant defaults on a lease, it is in the landlord’s best interest to make aggressive efforts to mitigate the harm to the landlord. Because landlords do not know whether they can collect damages from the tenant or lease guarantors, landlords will want to do everything that … Continue Reading
It is more complicated to diagnose whether some potential problems exist, than to simply address them, regardless of whether the problems exist or not. It is so easy to put on a seat belt, the risk analysis of whether it is worth wile to do so is complicated, and the consequences of not buckling up … Continue Reading
Co-Author: Karen J. Radakovich, Esq. General Concepts Bankruptcies affect real estate brokers. For example, listing brokers are typically hurt when their short payoff sellers file bankruptcy. It is now common for a buyer’s agent to discover that a builder/seller has filed bankruptcy. Real Estate brokers need to have a basic understanding of some features of … Continue Reading
Joint Revocable Living Trusts: The Good, The Bad, and The Ugly A revocable living trust is an estate planning tool that basically serves as one’s “alter ego” during lifetime, holding legal title to assets but having no separate tax identity. The creator of the trust, known as the “grantor,” “settlor” or “trustor,” also typically serves … Continue Reading
Consider the following buyer, Frank, in your sphere of influence. He saved his nest egg over a successful 25 year career. Frank accepted a buyout from his employer in another state and took early retirement to begin his encore career, starting a new small business in Colorado. He funded his venture with his own … Continue Reading
Co-Author: Oliver E. Frascona This article was originally published in the February 2009 issue of NEW Business Denver (NBD-Feb-09_Vol-1_No-5B-lr). Take Steps to Protect Your New business – PDF Legal Tips to Avoid Being Blindsided During Your Launch As a new business, you’ve probably come across your share of surprises since you decided to launch your venture. … Continue Reading
Determination of Heirs Proceedings: Clearing Title in a Decedent’s Unadministered Property When someone dies, their probate assets are typically distributed through a probate proceeding. However, if a probate proceeding is never commenced, or if certain assets are not distributed through probate, those assets remain titled in the name of the decedent. In order for the … Continue Reading
Co-Author: Jeremy S. Durham At the time of the publication of this article, the seizing of the credit markets seems to have stalled all but the most conservative commercial real estate loans. Many commercial real estate ventures are financed with short term debt. Lenders are not renewing loans that have matured. Other lenders are not providing … Continue Reading
Employees who owe money for child support or maintenance (alimony) may have their wages (including tips) garnished by the employer, so that the child support or maintenance can be paid to the ex-wife or ex-husband. Employers who have to make payroll deductions are faced with difficult choices when trying to understand and implement Colorado law … Continue Reading
In the late 1980’s, the Colorado building community suffered through a bust. In many situations, contractors allowed their account receivables to mount in mistaken reliance upon the perceived strength of their mechanic’s lien rights. Though mechanic’s liens can be tremendously powerful weapons in the collection battle, they are not all powerful. A sound account … Continue Reading
