Real Estate Law
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Motion to Dismiss FED Case-Landlord and Tenant
Motion to Dismiss a FED case for lack of proper service and improper pleading. Ultimately, it worked, but the court still required a hearing.
Motion for Attorney’s Fees Pursuant-Landlord and Tenant
A Motion for an award of attorney’s fees in a civil FED case. Filed under 13-17-101 CRS, seeking the award for a substantially frivolous, groundless, and/or vexatious action and/or pleading. Fact specific, but a good starting point in any request for fees. It was ultimately denied as the defendant “was not aware of the possibility of an award of attorney’s fees” under 13-17-102(6), despite having had several discussions about exactly that on the record.
Motion for Absentee Testimony – Landlord Tenant
Motion seeking to allow testimony via telephone for out of state witnesses/litigants.
Legal Memo Regarding Denver Zoning on Signage
A legal memorandum regarding Denver’s zoning laws on signs
Petition to Stop Foreclosure
The judicial foreclosure process starts when a lender sues a delinquent borrower in the county where the property is located. To initiate the suit, the lender (the plaintiff) files a document called a “complaint for foreclosure” or “petition for foreclosure” in court.
If you’re facing foreclosure, you might be able to stop the process by filing for bankruptcy, applying for a loan modification, or filing a lawsuit. If you’ve fallen behind on your mortgage payments and a foreclosure sale is looming in the very near future, you might still be able to save your home.
Judicial Foreclosure
– Respond to the summons and complaint the bank or mortgage company serves you. …
– File an answer to the foreclosure complaint stating your arguments for contesting the foreclosure. …
– Submit statements under oath pertaining to any additional evidence you have proving your position.
Once the home is sold, the new owner has the option of evicting anyone who remains in the home. A minimum of four months has elapsed by this point, and this is the first time in the foreclosure process that anyone can legally ask you to leave.
Motion to Quash Service Pursuant–Landlord and Tenant
A Motion to Quash Service in a FED (Eviction) case, where Plaintiff failed to follow Rule 304 regarding proper service of a Complaint and Summons. While it may seem so, the Defendants were not married, nor were they otherwise related. As the Rule requires service in this instance separately on each, even had Plaintiff properly served one tenant, he did not properly serve the other.
Motion to Lift Stay of Proceedings-Landlord and Tenant
Motion to lift stay of proceedings in a county court eviction/FED case. For use where defendant files for bankruptcy after judgement for possession, but before writ of restitution is executed. Not applicable if defendant filed their bankruptcy properly, with required certification and posted rent payments with bankruptcy clerk. In that case, see my bankruptcy Motion for Relief for Stay.
Summons in Forcible Entry and Unlawful Detainer-Landlord and Tenant
Form Templates
Release of Deed Of Trust (standard Form)
File this release of Deed of Trust when debt paid off
Motion for Relief from Automatic Stay-Landlord and Tenant
Motion for Relief from Automatic Stay in Bankruptcy Court in a state court eviction/FED case.
Real Estate Contract for Sale of Home with Promissory Note
Contract for purchase of home between family members. With the attached promissory note as well.
A promissory note is a financial instrument that contains a written promise by one party (the note’s issuer or maker) to pay another party (the note’s payee) a definite sum of money, either on demand or at a specified future date. … In effect, anyone becomes a lender when he issues a promissory note.
A promissory note (if properly written) is a legally binding document. It can either be secured (i.e; Deed of Trust encumbering real property) or unsecured. If the promissory note is unsecured, it may be harder to get paid in the event of default.
Simplified Answer and Counter claim on renters deposit–Landlord and Tenant
Clients were renting a home and landlord filed lawsuit for back rent and money owed. This simplified answer was used to answer the lawsuit and to counterclaim with Unjust Enrichment and Wrongful Witholding of Earnest Money
Complaint (lawsuit) on Behalf of Landlord against former Tenant and Guarantor
Complaint (lawsuit) on behalf of landlord against former tenant and a guarantor who co-signed lease. Filed in County Court in Denver, State of Colorado.
affidavit in defense of habitability-Landlord and Tenant
affdavit in defense of habitability-Landlord and Tenant
Order for Entry of Judgment with Issuance of Interrogatories–Landlord and Tenant
Order for Entry of Judgment with Issuance of Interrogatories–Landlord and Tenant