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Keith Alan Gantenbein Jr.
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Keith Gantenbein’s Answers

51 total


  • My mom is legally disabled, when the owner gives us notice to vacate, do we get 30 days or 60 days?

    The realtor is saying 30 days, but others are saying 60 days.

    Keith’s Answer

    The length of time on the notice depends on the terms in the lease and the length of the lease term/duration.

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  • I filed Chap 13 and my home was reaffirm back payments were paid through the repayment plan and have been making house payments.

    new mortgage company took over the loan in Jan and is saying they are going to foreclose unless I pay $13,000 they say I am behind during the bankruptcy before it was discharged. They will not give me an itemization of when these payments during b...

    Keith’s Answer

    You do need an attorney. They will need to go through the payment records and trustees report to verify proper accounting. I often see this problem at the end of a 13.

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  • Will I recieve foreclosure overbid funds if any?

    Chapter 7 Bankruptcy discharged in 07.2015, the property in question was included. Arrears of $115,000. BOA took the FHA default claim, transferred the property to new servicer. Rushmore Loan Management. House is now scheduled for Foreclosure S...

    Keith’s Answer

    Depends on if there is an overbid and whether there are junior lienholders. The bid will be submitted two business days prior to the foreclosures. Investors can then bid at auction. If the sale is higher than the banks bid, then there may be overbid funds. Second lien holders can obtain these funds to pay balances owed to them.

    Frankly, there is not enough information to answer the question fully.

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  • Note granted and lien filed against home to insure payment. Can I ask for more to release lien?

    Have note of promise to pay for $12,000 plus 4% annually. Mortgage Co wants to clear the note and pay me off. Can I ask for more, say $25,000.00, to release it?

    Keith’s Answer

    Probably not. However, the terms of the Note and Deed of Trust control and the parties would be bound by the terms contained therein. Once a debt is repaid, the lien must be released under Colorado Law.

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  • Unique real estate situation regarding a foreclosure. Do you have lawyers in this field?

    Our home went to foreclosure auction. We lost bid. There are very unique circumstances here. We were promised a few things that did not hold up. Bigger surprise are loan details. Would like discuss details if this is within the scope of your pro...

    Keith’s Answer

    There is simply not enough information to answer the question. We provide assistance to homeowners who are facing foreclosure or have been foreclosed upon. You can always contact my firm.

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  • State of Colorado eviction laws? Notification term?

    My tenants are in default of the financial terms of our agreement. In the state of Colorado must I give 60-days eviction notice or other term?

    Keith’s Answer

    The require notice period varies by the length of the tenancy. A month to month tenancy has a different period than a year to year and also may depend on the lease terms.

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  • We have received letters stating two different law firms are fraudulent, how do we find which one is fraudulent.

    we called a foreclosure number off of tv. we sent info to try to save the house. a couple weeks later some other law firm contacted us and already seemed to have all our info and stated they were taking over our case. we recently received letters ...

    Keith’s Answer

    Many people in Colorado have been victims of mortgage loan modification scams. Without more information, I do not know if either company was a scam or not. However, loan modification companies cannot charge an upfront fee. Many companies work around this law by acting as a "law firm." However, if the law firms that you have hired cannot or will not provide your with a name of a Colorado attorney, I suggest seeking assistance elsewhere.

    I suggest seeking a Colorado attorney to help you.

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  • I bought a house from city of Denver auction on 01/02/15 .Now HOA wants me pay last year pass due HOA fee from ex owner. .

    Do l have to pay?

    Keith’s Answer

    If you purchased a home at a foreclosure auction, Colorado law creates a super priority lien for the HOA as a result of the foreclosure. The lien is 6 months worth of dues.

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  • Served a 3 day notice before the Protecting Tenants at Foreclosure Act expired. Should it have been disregarded in December?

    I was never given a 90 day notice and the action to evict was commenced in December. Does this make any difference and should the process have to be started over after the PTFA expiration date?

    Keith’s Answer

    It is important to note that PTFA expired at the end of 2014.

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  • Can I do a HOA lien strip?

    ch 13uch

    Keith’s Answer

    It appears that you are asking if you can strip an hoa lien in a Chapter 13 Bk. Normally, one can strip a lien, such as a second mortgage, if and only if the lien is wholly unsecured (if the property is underwater so much that the second lien is not secured at all).

    However, the hoa lien is a much different animal. There has been some new cases in the 10th circuit regarding whether the hoa lien can be stripped. I strongly recommend seeking the advice of a BK practioner.

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