Montgomery Little & Soran, PC Blog

Colorado Court of Appeals Affirms Ruling Dealing with Short Term Rentals

The Colorado Court of Appeals recently dealt with yet another short-term rentals dispute.  In O'Neil v. Conejos County Board of Commissioners, the O'Neils owned a vacation home that they would visit and rent out to short-term renters.  The County Assessor, for property tax purposes, reclassified the home as a commercial property because of the short-term renting practice.  The O'Neils appealed.  The Board of Assessment Appeals overturned the Assessor's action and returned...
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Nebraska Court Finds That Jury Trial Waiver in Escrow Agreement is Enforceable

A Nebraska District Court recently held that a jury trial waiver provision in an escrow agreement was enforceable.  In DAB Incorporated v. Sunbelt Rentals, Inc., a real estate purchase agreement incorporated the terms of an escrow agreement.  A term of the escrow agreement was, in short, that the contracting parties agreed to waive their right to a jury trial for any dispute "arising out of or in any way related to...
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Court Rules on Title Insurance Closing Protection Letter Issues

A recent Georgia case discussed the limited scope of liability for a title insurance underwriter under a closing protection letter.  In Nutter & Company v. Old Republic National Title Insurance Company, Nutter & Company extended 11 reverse mortgages to various borrowers.  A closing protection letter was issued to a lender in each transaction.  Under the closing protection letters, Old Republic agreed to, in short, reimburse the respective lender for losses that...
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Wyoming District Court Dismisses Personal Injury Lawsuit Against Architect

Chris Taravella and Erin Nave recently obtained a dismissal of a case against a Wyoming architect after a worker was seriously injured in an accident on a job site.  The Wyoming District Court granted the firm's motion to dismiss all claims against the architect, holding that the architect had no duty to supervise work site safety.  

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10th Circuit BAP Affirms Judgment in Bankruptcy Case Preserving Crime Victim's Restitution Rights

In an appeal argued by Erin Nave, the 10th Circuit Bankruptcy Appellate Panel affirmed the U.S. Bankruptcy Court for the District of Colorado's ruling in favor of a Montgomery Little client that a criminal restitution debt is not dischargable in bankruptcy.  The panel followed the U.S. Supreme Court’s ruling in Kelly v. Robinson and held that section 523(a)(7) of the Bankruptcy Code prevents a bankruptcy debtor from discharging any restitution award a...
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Nate Osborn Presents on Boundary Disputes

Nate Osborn recently presented on legal issues involving property boundary disputes at the HalfMoon Education Seminar, "Boundaries and Easements."

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Nate Osborn Presents on Real Estate Issues for National Business Institute

In February 2017, Nate Osborn presented "Upcoming TRID Changes: Now What?" to a national audience on behalf of the National Business Institute.  In March 2017, Mr. Osborn then again presented to a national audience in an "Advanced Real Estate Transactions" webinar for the National Business Institute.

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Erin Nave Presents Oral Argument to Tenth Circuit Bankruptcy Appellate Panel

Erin Nave represented a bankruptcy creditor in an oral argument to the Tenth Circuit Bankruptcy Appellate Panel in Dampier v. Medical Lien Management, et al. The appeal concerns whether a state-court criminal restitution obligation may be discharged by a debtor in bankruptcy. Ms. Nave previously obtained summary judgment on behalf of the creditor at the trial court level. The Tenth Circuit Bankruptcy Panel consists of nine bankruptcy judges from throughout the...
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Fred Skillern Retirement

Fred Skillern has retired from Montgomery Little & Soran and private practice. Fred joins JAMS, a provider of mediation and arbitration services. He will serve JAMS as a mediator and arbitrator in a variety of disputes including real estate and business transactions. He will continue to teach at the University of Denver, Sturm College of Law and provide the CBA Real Estate Symposium. Our firm wishes Fred and his wife Diane...
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Lawyers' Professional Liability Insurance: Why You Need It and Where to Get It - by Christopher B. Little

Montgomery Little & Soran, PC attorney Christopher B. Little's article, Lawyers' Professional Liability Insurance: Why You Need It and Where to Get It published in 46 The Colorado Lawyer 79 (Feb. 2017)


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