News about Real Estate Law in Colorado from Mongomery Little & Soran, PC

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...
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780 Hits

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...
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824 Hits

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

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 authorized as part of a...
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604 Hits

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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692 Hits

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.
  510 Hits
510 Hits

COLORADO EMINENT DOMAIN – What to Do if the Government is Going to Acquire or Condemn Your Property.

1 - Get Informed As soon as you hear that a project is coming that will affect your property, gather as much information about the project as possible such as project plans, resolutions, and reports. Keep any correspondence related to the project. Take good notes of every conversation you have with a government representative. 2 - Get Connected It is always encouraging to talk to someone else who has a...
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1933 Hits