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Real estate deeds and their differences Last week I discussed the difference between a deed and deed of trust.  To refresh, a deed of trust secures payment of a borrower’s debt, in a similar fashion as a mortgage does.  On the other hand, a deed is a legal instrument that transfers ownership of real estate.  […]

Deed vs. Deed of Trust: Is There a Difference? Over the years, I have found that my clients frequently confuse the term “Deed” with “Deed of Trust”.  Sometimes I have even heard clients use the terms interchangeably, without realizing the important distinctions between the two legal terms. What is a deed? A deed is a […]

Selling Your Home? Get An Attorney! Residential home owners are eager to maximize their cash proceeds when selling their home, and as a result, many are choosing to sell their property without the help of a real estate agent.  Many homeowners believe that For Sale by Owner (FSBO) transactions can be beneficial to them by […]

Frequently Asked Bankruptcy Questions While financial strain and stress are caused by many reasons, their solution can be found in the United States Bankruptcy Code.  Practically every civilization, since organized society, has had some form of bankruptcy relief.  Many people have turned to bankruptcy as a solution to their financial situation.  Whether to stop a […]

What is a Real Estate Partition? Here’s the situation:  You and a friend purchased a home together.  You are both listed on the deed which conveyed title to you both, and you are both borrowers on the mortgage loan secured by the property.  But all of a sudden, life isn’t happily ever after.  One or both of […]

Help For Distressed Homeowners Earlier this year, the Colorado Attorney General’s Office joined a $25 billion multi-state settlement with the five largest banks who account for 60 percent of the home loan servicing market. These banks are Bank of America, JPMorgan Chase, Wells Fargo, Citi and Ally. The settlement was entered to end the problematic […]

 The Loan Modification Process “We need additional documents for review!”  How many times have I heard this request from Chase Bank, Bank of America, Wells Fargo Bank, GMAC, and other lenders in my efforts to negotiate a short sale or loan modification?  Indeed, this is a frustrating request, as it most often follows a submission […]

Foreclosure Information If you’re in the unfortunate position of facing a foreclosure on your home or property, your options to stop the foreclosure diminish as the sale date approaches. The closer the sale date, the less interested a lender will be in negotiating a loan modification, short sale, or other accommodation with the borrower. After all, […]

For Sale By Owner- Not As Simple As You Think! During these tough economic times, many homeowners are making the decision to sell their homes without the assistance of a realtor. This practice is commonly known by the acronym “FSBO“. Selling a home on your own can be a challenging task and requires the homeowner […]

Refunds For Foreclosed Homeowners For Colorado residents who have faced a foreclosure of their home or property, there may be a bit of good news. Last week, the Denver Post ran an article highlighting the surplus of funds being held by Public Trustee offices around the state as a result of overbids made by purchasers. Foreclosed homeowners get unexpected […]

Foreclosure Deficiency Judgements And You Generally, homeowners who lose their home to foreclosure in Colorado are responsible for any deficiencies that result from the sale of the home. A deficiency may occur if the home is sold for less than the amount due on the mortgage loan. For example, if a borrower owes $250,000 on a […]

Using The HAFA Program To Develop Home Foreclosure Alternatives On April 5, 2010, the Homeowners Affordable Foreclosure Alternatives Program (“HAFA”) went into effect after being introduced the previous year by the US Government. The HAFA program provides additional options to homeowners facing foreclosure, and offers incentives to lenders and borrowers who utilize a short sale […]

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