Real Estate

Buy and Sale Contracts, Deeds, Foreclosures, Evictions, Landlord/Tenant

Buy and Sale Contracts/Deeds

Through my experience handling and advising on land, water rights and mineral rights transactions primarily in the North Fork Valley of Colorado, the firm has developed an extensive library of contracts and clauses which facilitate the efficient drafting of buy and sale contracts. Specific clauses include the handling of water rights separate from the real property, owner carry financing, escrow accounts, and wrapping of underlying obligations.

In recent years, especially in 2014, the requirements for seller financing have increased. Today, a seller considering seller financing must not only comply with the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) requirements but also comply with the law as modified by the Consumer Financial Protection Bureau regulations during 2013 and 2014. The rules and regulations introduce compliance burdens for those who are not regularly in the business of making loans. The Nettleton Law Firm is familiar with the new laws and regulations and will work with both the buyer and the seller to ensure that all requirements are complied with in your real estate transaction.

Foreclosures

The Nettleton Law Firm has helped both banks and individuals in foreclosing on real property in which the buyer has defaulted on the terms of the transaction. The Public Trustee and foreclosure procedure is unique to Colorado. Long ago, Colorado developed this system in part to have a truly independent trustee available that would not be influenced by the lenders but allow a quicker foreclosure process. A foreclosure conducted by a public trustee, tends to be much quicker and less expensive than a judicial foreclosure. There is a specific process, with specific deadlines and notice requirements that must be followed. Additionally, Colorado law allows others, such as junior lienholders, to also cure the default. The Nettleton Law Firm will handle all the requirements and headaches associated with foreclosing on real property in Colorado.

Evictions/Landlord – Tenant Actions

In Colorado, evictions are called “Forcible Entry and Detainer” actions. Colorado landlords can evict any tenant as long as they go through the process of eviction and follow Colorado law. Landlords may want to force out tenants who are not paying rent or are otherwise breaching the lease, but it is illegal to resort to self-help methods. Colorado landlords must terminate tenancies before filing for eviction. The notice requirement is very important and must be fulfilled before a landlord can file for eviction. It is illegal in Colorado for a landlord to remove a tenant without a court order. This means that a landlord cannot turn off utilities or lock a tenant out of the apartment without going through the eviction process. If a landlord resorts to self-help to evict a tenant, the tenant may be entitled under Colorado Rev. Stat. Sec. 13-40-123 to: Actual damages; and Attorney’s fees (if provided for in lease).

Let The Nettleton Law Firm handle your Landlord – Tenant actions and avoid possible missteps and penalties – both as the Landlord and the Tenant.