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What Property Owners Should Know About Zoning Violations

October 28, 2015April 1, 2011 by Jordan May

As a result of these economically challenging times, many property owners come up with creative means to maximize income generated by their properties, whether residential or commercial. Recent examples include the proliferation of short term and vacation residential rentals like those seen on www.vrbo.com and www.craigslist.com. Other examples include property owners expanding property uses, including the operation of new businesses out of an existing property not zoned for the new…

License Requirements Loosened For Seller Carry Financing

October 22, 2015March 1, 2011 by William Robinson

…this type of financing to a maximum of three properties per seller in any twelve month period. For those sellers looking to self-finance the sale of a residential investment property or a second home, the 2011 amendment frees up another possible avenue for a sale. For a discussion of potential tax benefits to seller-carry financing, see Jonathan Goodman’s article “Tax Benefits of Seller-Carry Financing.” For questions, please contact, Jonathan Goodman….

State Approved Commercial Contract

August 25, 2015January 1, 2011 by Jon Goodman

Co-Author: David A. Farus, Esq. Colorado has returned to having a State approved real estate purchase contract designed for commercial transactions. This article identifies differences between the new Colorado Real Estate Commission (CREC) approved commercial and residential forms, a conceptual flaw in the commercial form, and a partial solution to the flaw. Most of the important comments on the commercial contract also apply to the new “Income-Residential” form. Compared to…

Assignment of Redemption Rights in Colorado Foreclosures

August 30, 2015October 1, 2010 by Jon Goodman

…of Appeals addressed the issue of whether the right of redemption can be severed from the property interest it served.(E2) The court concluded that the right of redemption cannot be severed. In this case HTS Properties, the lender, initiated a foreclosure sale on an apartment complex, bid the highest amount at the sale, and received a certificate of purchase.(E3) Three tenants in the apartment complex sold their rights to redeem…

Bid Rigging at Trustee Foreclosure Sales

August 30, 2015October 1, 2010 by Jon Goodman

…property.(E2) This agreement can come in a variety of forms. In Amos v. Aspen Alps 123, LLC, three bidders agreed to form an LLC to purchase the property; thereby stopping the rise in the price of the property. Bid rigging is distinguishable from permissible joint bidding. Joint bidding occurs when two or more people pool their resources to buy a property that they could not have afforded individually.(E3) When bid…

Foreclosure Investing in Colorado

October 16, 2015August 1, 2010 by Jon Goodman

…relatively high stakes competition breeds a certain kind of collegiality and honor among competitors. It is not unheard of for competing investors to strike verbal deals at the auctions that decrease competition, and therefore dampen the competitive bidding. (See discussion in section IV.B. below.) Might competition dampening deals increase if investors did not have to compete against the possibility of being redeemed out by people who are not in the…

The Anticybersquatting Consumer Protection Act

September 1, 2015June 1, 2010 by Cinthia Manzano

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 did register the domain name and tried to ransom it off for a hefty fee,…

When is a Sale Deemed “Closed?”

August 23, 2024June 1, 2010 by Jon Goodman

…first example. In the second example, the signing seller who is the “attorney-in-fact” for the non-signing seller had actual authority to sign the deed on behalf of the non-signing seller on Wednesday. There is written evidence of this authority at the closing via the faxed copy of the power of attorney. The closer, however, waits for the original power of attorney from the seller to record together with the recording…

Don’t Run the Risk of Listing Your Own Home for Sale

August 25, 2015June 1, 2010 by Cinthia Manzano

…& 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 the property. You do not want to end up having to defend a misrepresentation case and pay your own attorney’s fees. Always check your policy, call your insurance company or an attorney with questions….

Child Support, Spending and Extracurricular Expenses

January 19, 2016June 1, 2010 by Gregg Greenstein

…But if the parent receiving the child support is simply buying nice things, going on vacations, going out at night a few nights a week and spending money on entertainment, recreation, etc., and if the child’s other basic needs are being met (food, clothing, housing, medical needs), it is not likely that a Judge or Magistrate will deviate from the child support guidelines by making specific orders about how child…

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