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Colorado Court of Appeals Upholds Lender Responsibility for Assessments Post Foreclosure

On January 24, 2008, the Colorado Court of Appeals affirmed an EL Paso County District Court ruling awarding an association all assessments that were unpaid by the lender who became the owner of a unit after a foreclosure. The Court of Appeals also confirmed that the association was entitled to its costs and reasonable attorney fees associated with the unpaid assessments. Good case law protecting associations in Colorado is limited, so this case is helpful in: Affirming that associations have no obligation to file a notice of lien - lien is perfected by the recording of the declaration pursuant to C.R.S 38-333.3-316. Lien priorities are determined by C.R.S. 38-333.3-316, not a declaration. A security interest on a unit which has priority over all other security interests in the unit (e.g. a first deed of trust) must be consensual. Attorney fees awards aren't discretionary if allowed by statute or under non-discretionary language in a declaration. The super lien can never exceed an ...
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Foreclosure Predators in Colorado

Homeowners falling behind on their payments are also falling victim to foreclosure predators. Once a property owner has missed two or three monthly payments, a lender routinely files a public notice of default with the county recorder’s office. This is the road to formal foreclosure. Scam artists simply have to read the notices to find possible victims. They then descend on the homeowners with an outstretched hand and offer to help, and trick them into signing over title to their homes. Usually, the rescuer is a stranger, who contacts them with a “great offer” to save their home. They say that they or another third party can temporarily “share” or assume title to the homeowner’s property That way, with someone else’s name on the title, struggling homeowners can refinance and improve their credit. And then once their credit is repaired, they would get sole title back. But in reality, this is when the second round of trouble starts. Victims find that their name has been removed from the ...
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What Buyers Want to Know About Your House

This advise applies to both Metro Denver Realtors and For Sale By Owners creating their own marketing. Don’t waste your money putting unwanted info into your ads. Here’s what will get buyers to call. 1. Location and neighborhood. 2. Price or price range. 3. Appearance (include multiple pictures). 4. Layout or floor plan. 5. Information about the basement. 6. Number of bedrooms and bathrooms. 7. Size of lot and square footage of house. 8. Details about the community. 9. Amenities and features. 10. Clear and simple contact information. Avoid a laundry list of phone numbers and e-mail addresses.
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Denver area multi-million-dollar homes are selling fast!

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Mike Shanahan's Mansion More Denver area multi-million-dollar homes sold in May compared with both a month and a year earlier. In the Denver metro area, there were 232 sales of residential properties priced $1 million and higher in May, which is a 38 percent increase from the same month in 2016 and a 27 percent increase from April. Although there are more sales, buyers of the luxury homes might be getting a deal these days, as the median sales price for luxury properties in May dipped slightly to $1,293,150 compared with $1,296,000 in May 2016. Of the luxury home sales in the Denver metro area, 21 were of properties priced $2 million or more last month, the same as in May of 2016. Seven $3 million-plus homes were sold in May, compared to five in May 2016 and eight $3 million-plus sales last month, The most expensive Denver sale last month was an 11,716-square-foot estate with five bedrooms and six bathrooms, trading for $5,850,000. In Colorado right now, the most expensive ...
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Hail-Resistant Roofs: Fact or Fiction?

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Colorado often experiences severe  hailstorms  that can cause devastating property damage. The Rocky Mountain Insurance Information Association reports that Colorado’s Front Range and Wyoming’s eastern plains, commonly referred to as “hail alley,” receive the highest frequency of large hailstones in North America. Over the past 10 years, hailstorms have caused nearly $1.7 billion in damage to roofs and automobiles in hail alley. The damaging hailstorms generally occur mid-May through late July. Damages incurred to roofs during hailstorms can, however, be reduced with proper roof design and roofing product selection. A properly designed roof structure can substantially reduce hail damage. Several testing agencies have developed the following recommendations for the roof designer: Shingles made with polymer-modified (SBS) asphalt have better resistance to hail damage than shingles made from oxidized asphalt. Reroofing over an existing shingle system greatly increases the ...
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