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How to Buy a Property in Foreclosure

As a foreclosure attorney, my staff and I constantly field phone calls and e-mails from would-be purchasers of the properties we have in foreclosure. This article attempts to set out the most useful procedures for such callers, to get the most relevant information about a particular property in foreclosure.

Overbid Funds from Colorado Foreclosure Sales

Overbid Funds from Colorado Foreclosure Sales – Don’t Leave Money On The Table You May Be Rightfully Entitled To Under State Statute If you are a homeowner that has gone through foreclosure, or a junior lien holder holding a lien on a property that is being foreclosed by a more senior lien holder, under C.R.S. … Continue Reading

Does a Private Party Foreclosure Differ from an 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 usually by either the current owner … Continue Reading

Death Of The Reverse Mortgage Borrower

Left In The Cold? Rights Of Lenders, Heirs & Surviving Spouses Upon The Death Of The Reverse Mortgage Borrower Overview of Reverse Mortgages A reverse mortgage can provide a source of income for elderly individuals while allowing them to stay in their home. Many elderly individuals have much of their wealth tied up in the … 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

Loan Modification Anatomy

Many homeowners ask about the criteria for obtaining a loan modification through their existing lender. I have successfully assisted dozens of borrowers in obtaining modifications. This article will summarize some of the key characteristics of a successful loan modification request. However, before proceeding through these steps, borrowers may wish to contact their lender about a … Continue Reading

Statute of Limitations on Colorado Home Loan Default

The Statute of Limitations on a Colorado Home Loan Default Probably Isn’t What You Think. Q:  What is the statute of limitations for lenders to pursue borrowers in Colorado who default on a home loan? A:  Six years. Conventional wisdom has been that collection actions had to be brought by lenders within six years from the date … Continue Reading

National Mortgage Settlement & Colorado Homeowners

What the National Mortgage Settlement Means for Colorado Homeowners The National Mortgage Settlement is an agreement between five of the largest residential mortgage loan servicers and a coalition of state attorneys general and federal agencies that resolves violations in the way the banks handled loan modifications and foreclosures. The Settlement is designed to compensate borrowers … Continue Reading

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