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2014 CREC Approved Forms & Seller Carry Financing.

CREC Approved Forms & Seller Carry Financing. 7/27/2015: The 2014 CREC approved forms essentially eliminate the Seller Carry Financing provisions. Yet, in the right circumstances, Seller Carry Financing might be the best available option for both the seller and the buyer. Understand the options for advancing Seller Carry deals in the coming new era. More … Continue Reading

Stripping Junior Liens in a Chapter 13 Bankruptcy

One of the major benefits of a chapter 13 bankruptcy is the ability of a homeowner to “strip” second and subsequent “consensual” liens – like deeds of trust – from a residence under certain conditions. This type of lien strip, sometimes more useful than the type that can only remove non-consensual liens like judgment liens, … Continue Reading

How Does Seller Financing Work?

How Does Seller Financing Work in Colorado Real Estate Deals? Q:  I’ve listed my home for sale. A potential buyer is interested, but can’t qualify for a loan. Is there some way to facilitate the sale without an outside lender being involved? A:  Yes – if the seller acts as the lender. This article will describe seller … 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

Dodd-Frank, Consumer Financial Protection & Owner Financing

What do Dodd-Frank and Consumer Financial Protection Bureau Regulations Mean for Owner Financing in Colorado? The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) introduced a host of new regulations designed to protect consumers and avoid another housing collapse. Key components of Dodd-Frank were designed to create greater certainty that borrowers can repay their … Continue Reading

Legal Issues When Interest Rates Rise

Legal Issues When Interest Rates Rise Webcast 6/24/13: You Don’t Know What You’ve Got Til It’s Gone: Legal Issues When Interest Rates Rise.  Mortgage Interest Rates have been generally declining for nearly three decades. Many of us have never experienced the legal problems driven by rising interest rates. Learn how to anticipate, avoid, and sometimes … Continue Reading

Owner Carry Financing in the SAFE Act and Dodd-Frank Act Era

Co-Author: Julie A. Jacobs, Psy.D., J.D. Part II: Owner Carry Financing and Prepayment Penalties under the Dodd-Frank Act The Consumer Financial Protection Bureau (CFPB) promulgated a far-reaching new regulation in January, 2013, which will become part of the current Regulation Z. A portion of the regulation implements section 1414 of the Dodd-Frank Act which limits prepayment penalties … Continue Reading

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