It is advisable to contact the lender and inquire if the lender will release you from liability for any deficiency on the mortgage and related obligations in exchange for your cooperation in executing a deed-in-lieu. You would essentially transfer the property to the lender in exchange for their agreement to release you from the deficiency. With regard to your ex-girlfriend being on the deed, you should perform a location search and see if you can locate her so that she can hopefully...
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A mistake in a deed may be corrected by executing a new and corrected deed, provided all the grantors in the incorrect deed are still living and competent to make a conveyance. If the rights of innocent third parties will not be prejudiced, the corrected deed may take effect as of the time of the erroneous deed and be as effective as a judgment reforming the original conveyance. The correction deed should be drafted in the same manner as deeds generally except that an explanatory statement...
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Chances are the plaintiff(s) will attempt to pierce the limited liability veil and/or go after the former members for potentially wrongful distributions. You should consult with an attorney to limit your potential exposure.
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As a general rule, covenants may impose a more restricted use of land than is permitted under applicable zoning ordinances. See, e.g., Lidke v. Martin, 500 P.2d 1184 (Colo. App. 1972). Assuming the declarations are still valid, and there are no other policy considerations, it is likely that the more restrictive covenants would govern. Also, regardless of compliance with zoning ordinances or regulations, both business and residential uses may be enjoined if they constitute a nuisance...
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Unless you live in a unit or complex that is rent controlled or there are limitations in the lease, there is generally no limit to the amount of the rent increase a landlord can request following expiration of the lease term. Your recourse is to essentially elect not to renew the lease. Hope this is helpful, Cyrus
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Unless you live in a unit or complex that is rent controlled or there are limitations in the lease, there is generally no limit to the amount of the rent increase a landlord or property manager can request following expiration of the lease term. An increase of 25 % in a "hot" market is not unusual, particularly when rental unit availability is low. Some areas require that a certain percentage of units be made available solely to lower income parties and will limit the maximum amount of rent...
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It is a general rule that corporate entities cannot represent themselves in court, but must hire an attorney. Colorado has a limited exception to this rule (C.R.S. § 13-1-127(2)) that allows non-attorney officers of closely held entities to represent their company, in court, for matters that do not exceed $10,000. This allows small companies to handle relatively small disputes for which it often does not make economic sense to have an attorney enter an appearance. These can include minor...
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The principle concerns with using the terms "realty" and/or "investments" relate to the potential to mislead others. For example, real estate brokers are required to ensure that they do not advertise in a manner that misleads the public as to the identity of the broker's licensed brokerage. The Colorado Real Estate manual even provides that real estate brokers that function as teams should not advertise teams using the terms “realty” or “real estate” among others in order to avoid...
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I am sorry to hear of your difficult situation. You may find the following case to be helpful. "Absent an agreement to the contrary, a tenant is entitled to the possession of the premises, to the exclusion of the landlord." Sundheim v. Board of County Commissioners, 904 P.2d 1337 (Colo.App. 1995) aff'd 926 P.2d 545 (Colo. 1996). In other words, as a general rule, a landlord must include a provision in a lease that expressly provides for any rights of access the landlord wishes to...
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If you are both listed as tenants, you would both be required to agree to a termination of the lease.