About Timothy CantyLicensed in all Colorado and Federal courts
Locations in Evergreen and Lakewood or I will meet you somewhere convenient. Always a free consultation.
Directory Practice Areas
- Real Estate Law
- Free Consultation
- I will quote you a flat fee whenever possible
- Overall: 329th
- This Year: 120th
- Overall: 4 Answers
- This Year: 4 Answers
Q: Can a counteroffer with a future expiration date be withdrawn prior to acceptance?
A: Any offer or counteroffer can be withdrawn prior to acceptance as long as there was no agreement and consideration to keep it open until a specific date.
Q: My husband and I have filed chapter 13 bankruptcy. We may divorce. What happens to the BK?
A: The short answer is that you may dismiss the case and file separately or continue the joint case. However, this is a complicated question. There are issues regarding your budgets, feasibility of the plan, dischargeability of marital related debts just to name a few. If your plan is not yet confirmed, I would advise dismissal and a re-evaluation of what is in your individual best interests.
Q: Can a bank require us to use a realtor to buy a house from a friend? The price is agreed on. We are in Colorado.
A: There is no law that requires you to use a Realtor. Some lenders may have an internal policy that requires use of a broker. If that is the case, find another bank.
Q: Can my wife and I be joint tenants if I am the only one on the mortgage?
A: Yes you can. Title to real estate and liability on the mortgage are two separate interests. Most deeds of trust (mortgages) have a due on sale clause, but putting your spouse on the title is not considered a sale and they can't call the loan due for that reason.
Q: Can the 2nd mortgage collect after foreclosure, CO statute says all junior liens are free and clear ?
A: Unless the debt was discharged in a bankruptcy or forgiven by the lender, the 2nd mortgage note still survives and can be enforced against you.