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25 Co-Parenting Tips

…Do not publish information about yourself for dating purposes, if possible. For example, do not have information about yourself published on the internet through websites such as www.craigslist.com, www.match.com, or www.eharmony.com. If you use a dating service, remember that all information you give to the dating service can be harmful to the co-parenting relationship and it can also be used against you in the custody case if you do end…

The Impact of Colorado Fires on Contracts to Purchase Property

…ultimately be the right financial decision for Buyers who are concerned about making a large investment on a Property that they are no longer comfortable owning due to potential fire exposure. Recent wildfires have affected both Buyers and Sellers of real estate in Colorado. If you are buying or selling property in the state and have questions about your contractual obligations as a result of the fires, please contact me….

Escalation Clauses: A Lawyer’s Dream

…verification process adds complication. What happens with the other deadlines in the contract while the buyer verifies the integrity of the competition? Are the more normal deadlines in a contract stalled while the buyer verifies the integrity of the competing offers? If the buyer must ratify the purchase price to form a final binding contract, is the seller free to accept even higher offers while the buyer considers ratifying? What…

Colorado’s New Maintenance (Alimony) Formula

Introduction There’s a big change coming to Colorado law in 2014 concerning maintenance (sometimes called “spousal support” or “alimony”). After decades of having maintenance determined on a case-by-case basis determined by the facts in each situation, the new maintenance law will allow judges to apply a maintenance formula when awarding maintenance for periods of time after the parties are divorced. The new maintenance law will be in effect on January…

Don’t Forget About FIRPTA

…closing as well. Some companies handling real estate closings overlook FIRPTA compliance or ask the buyer to sign documents in which the closing company specifically disclaims any obligation to deal with FIRPTA, and other companies who attempt to address the subject sometimes fail to obtain and deliver everything needed by the buyer to establish an exemption (while also failing to withhold from the seller and pay to the I.R.S. the…

Loan Modification Anatomy

…loan. Specifically, the lender looks closely at the borrower’s Debt-to-Income (“DTI”) ratio, which is calculated as the homeowner’s total housing payment in relation to their gross monthly income. The total housing payment consists of principal, interest, property taxes, insurance, and HOA dues. Lenders typically believe that a DTI ratio of 31% or lower is “affordable.” So if a borrower has a DTI above 31%, they may be a good candidate…

Implications of Criminal Pleas on a Colorado Real Estate License

…the laws of other states.” Interestingly, some common offenses are not included in the list, most notably DUI and DWAI. However, it is important to note that these offenses are often combined with other offenses that may trigger a reporting requirement. For example, a plea of guilty to DUI combined with vehicular assault would likely trigger a reporting requirement. In any event, it is critical to consult with an attorney…

Statute of Limitations on Colorado Home Loan Default

…to start the statute of limitations clock running at the maturity date by not accelerating the debt.The legal reasoning and interpretation in Team Transit may yet be revisited by the Colorado Supreme Court. But unless and until that happens, the decision is binding precedent in Colorado. If you have questions about your outstanding obligations on unresolved home loans, contact me for a consultation. Endnotes: (E1)Mortgage Investments Corp. v. Battle Mountain…

Special Needs Trust: Farrah Soudani – Fundraising Press Release

…sent prayers and well wishes for Farrah’s recovery.” Victoria sought help to set up the complicated Special Needs Trust (SNT) to protect funds exclusively for Farrah, while not disqualifying her from other available assistance programs. A generous donor retained Attorney Michael A. Smeenk of Boulder’s Frascona, Joiner, Goodman & Greenstein, P.C. to create the Trust. Following the press conference, the registered SNT document will be made available at www.gofundme.com/help-farrah. ###…

Preparing for Small Claims Court

…so that you can be prepared with how you want to respond when it is your turn to speak. Be Prepared to Think on Your Feet You need to prepare to think on your feet. You will likely have to answer questions from the Magistrate and the other side. Be ready for questions that you think may come up. When the other side is asking you a question, keep it…

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