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. […]
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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 […]
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 […]
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 […]
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 […]
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 […]
Be Wary Of Hidden Unfavorable Tenant Language In Contracts In my role as a Denver real estate attorney, I review a lot of commercial real estate leases for office and retail tenants. It never ceases to amaze me how one one-sided these lease agreements are written in favor of the landlord. More amazing, however, many […]