In Colorado, a mortgage loan secured by real property is most generally created by a Deed of Trust, which contains a power of sale in a Public Trustee for the benefit of the mortgage lender when default occurs. Each county has a public trustee who conducts foreclosure sales for all Read more…
As creditors often discover, collection efforts on a final state judgment are compounded when a judgment debtor moves to another state. As we know, the United States Constitution through the principals of comity, requires that full faith and credit be given to judgments rendered in a sister state, although no Read more…
The Colorado State Legislature enacted the Security Deposit Act under C.R.S. § 38-12-101, which arguably gave substantial rights to both landlords and tenants with respect to security deposits. However, in practice, residential tenants are the primary beneficiary of this statutory enactment. The Security Deposit Act was passed as a result Read more…
It has been our experience that almost every Section 1031 exchange transaction is uniquely different. We recommend that you consult a competent Qualified Intermediary, attorney, or tax advisor to determine how an exchange may best be structured to accomplish your investment objectives. In a typical transaction, the property owner is Read more…
Unfortunately, most Colorado litigants do not realize that winning a lawsuit, whether by default or trial, in many instances is only half the battle. A judgment is no more than a piece of paper and quite commonly requires post-judgment enforcement to render the litigant entitled to the benefits set forth Read more…
In Colorado, as with most states, liens are created by statute. As a result, for a party to take advantage of the protections and rights afforded by liens, there must be strict compliance with the required statutory steps to impress a lien on a non-complying party. Failure to strictly follow Read more…
Validity and Enforcement of No-Lien Clauses in Construction Contracts Materialmen’s and Mechanic’s Liens remain one of the best sources of obtaining payment without pressing forward with litigation in Colorado. The lien statute provides additional security to laborers and materialmen who improve/enhance real property and prevents unjust enrichment. However, the lien Read more…