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EPA’s Lead Based Paint Toxic Substances Control Act

…fix and flip) creates a hazard in affected housing and child-occupied commercial facilities. That means houses, day care centers. It will cover your personal residence also. Residential. The rule generally applies to renovation (remodel, repair) of any housing constructed prior to 1978 (for which a building permit was issued prior to 1978). Commercial. It also applies to a public/commercial facility of similar date where children are present on a regular…

Home Affordability Modification Program (“HAMP”)

…the reduction amount. Junior lien holders are also provided financial incentives to modify loans where borrowers received modification assistance from their first lien holder. Unfortunately, just because a borrower successfully completes a trial modification program does not mean they will necessarily be granted a permanent modification solution. However, those borrowers not offered permanent solutions now have other alternatives to avoid foreclosure pursuant to the Home Affordable Foreclosure Alternatives Program (“HAFA”)….

Home Affordable Foreclosure Alternatives Program (“HAFA”) When Mortgage Modification Isn’t Enough

complete the terms of their modification. HAFA Commencement. HAFA evaluation starts by the borrower requesting a short sale or a DIL, or by the servicer contacting the borrower about the same if the borrower defaults on a HAMP modification program. The borrower’s hardship and financial data submitted during HAMP consideration will be re-verified to ensure continued qualification. The servicer then evaluates title work and orders an appraisal or Broker’s Price…

Short Sales: Best Option for Most, But Not All

…by our “Great Recession,” it is sometimes better to simply let their home go into foreclosure so that they might live in it longer. Other factors complicate the analysis such as the lender(s) track records for bidding deficiencies at foreclosure auctions and suing for losses, whether the property’s value fully covers the first mortgage, and whether the owner is an occupant or an investor. Because brokers have a commission at…

Playing Buyers Off Against Each Other

questions, the Seller would not want to accept offer number two until he verified that he was not bound by contract number one and until he revoked the power of acceptance in First Buyer. If multiple offers can be anticipated, the simplest means to play buyers off against each other is to not send out counterproposals, and to instead ask the competing buyers for their highest and best offers by…

Divorce & Real Estate Part II

…party which would constitute fraud or dishonest dealing could be subject to liability. While a buyer may later complain that the broker did not disclose the sellers’ divorce, on balance, it is safer not to disclose the divorce. You May Have to Testify In Court If you prepared a comparative market analysis (“CMA”) for the sellers, you may be subpoenaed to testify in court concerning the value of the residence….

Divorce & Real Estate Part I

…each other. Unless a spouse has provided you with a valid power of attorney delegating decision making authority (concerning the sale of real estate) to the other spouse, all offers should be communicated separately, in writing, to each spouse or his or her lawyer. The Great Custody Myth Tying in child custody issues with issues concerning home ownership is a common error made by divorcing couples. Child custody does not…

Remarriage and Maintenance Termination

…otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.” In contested divorce cases, the court has the power to decide whether maintenance should survive the remarriage of the spouse who is receiving maintenance. Usually, the court’s decision will clearly state whether maintenance will terminate upon the remarriage…

Colorado Foreclosure Process and Time Frames

…The judge may cancel this hearing and simply sign the order allowing the sale, if the borrower does not officially respond when given notice. REDEMPTION PERIOD FOR JUNIOR LIENORS:If a home is sold at the public auction, it is followed by a short REDEMPTION PERIOD during which time junior lienholders may pay off the amount bid at auction plus “allowable fees” i.e. taxes, insurance, and any interest accrued per day,…

Foreclosure Frequently Asked Questions

  REPAYMENT PLAN To ask your lender to set up a repayment plan for you, if we represent your lender, then please send a request to our office, via fax to 303-494-6309 or via regular mail to 4750 Table Mesa Drive, Boulder, CO 80305, Attention: Foreclosure Department. Please include your name, property address, lender’s name, loan number, signature, phone and fax numbers or address where the lender can contact you….

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