Legal Ideas & Information - FJGG Newsletter - August 2018

THE LEGAL EDGE


Legal Ideas & Information - August 2018
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Picture of attorney Zac GreyI want to purchase then develop vacant commercial property, but I don’t think the minerals are included. What should I do?

It is a bedrock principal of property law that an owner of the surface and minerals can sever the mineral property rights from the surface property rights. When such a severance occurs, the property is referred to as a ‘split estate.’ A split estate scenario is often perceived as contentious because the mineral owner can lease to a company that can access the property and develop the minerals over the surface owner’s objection. Split estate development doesn’t have to be prickly. A thoughtful split estate developer can take certain steps to ensure harmonious and prosperous relationships between all interested parties.

This purpose of this article is to educate the developer targeting a split estate property on pre-contract strategies, common pre-closing considerations, and legal tools to repair split estate complications.

New Mediation Option Available to Licensees

By Britney Beall-Eder
 
Picture of attorney Zac GreyNew Mediation Option Available to Licensees in The Event of Any Agency Adjudicative Hearing

On May 29, 2018, Governor Hickenlooper signed into law House Bill 18-1224 (the “Act”), which amends C.R.S. § 24-4-105 (4)(a) to require mediation for a licensee in certain circumstances. The Act also amends C.R.S. § 24-4-106 (7), the portion of the administrative procedure act applicable to judicial review of agency actions, adding a new requirement for the licensee to be afforded an opportunity to mediate the matters in dispute under C.R.S. § 24-4-105 (4) as a pre-cursor to continuing with any proceedings in the case. These changes represent a significant improvement to licensees’ due process rights, including real estate brokers, when faced with a disciplinary proceeding to be determined by a Hearing Officer or Administrative Law Judge.

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Picture of attorney Cinthia Manzano
Are you a landlord or property owner/manager who has received a request from a tenant or applicant to change your existing policies to accommodate an emotional support animal? This is an increasingly common request, and one must be careful to handle these requests appropriately in order to comply with applicable fair housing laws. These requests are especially tricky when the person making the request does not have a disability that is known or readily apparent, or when the disability-related need for the requested animal is not known or readily apparent. FJGG’s Emotional Support Animal Materials are designed for that exact situation, and may be used by Colorado landlords or property managers when handling these types of requests for accommodations when the tenant’s disability or disability related-need for the requested animal are not known or obvious. 

These Materials Include:
  • Response Letter following Tenant’s Request for an Emotional Support Animal. 
  • Emotional Support Animal Questionnaire for Tenant’s Healthcare Provider
  • Assistance Animal Lease Addendum. 
Each of the above items can be purchased individually, or all three can be purchased together for a discount. Please follow the link to access the order form.

 
IN THIS ISSUE
 
Severed Estate Tips and Tricks for the Commercial Developer

New Mediation Option Available to Licensees

Emotional Support Animal Materials for Landlords

How to Buy a Property in Foreclosure

RESPA “101” for Real Estate Brokers
 

How to Buy a Property in Foreclosure

Picture of attorney Britney Beall-EderAs a foreclosure attorney for a number of lender clients, my staff and I constantly field phone calls and e-mails from would-be purchasers of the properties we have in foreclosure. Some of the callers are investors; others are real estate brokers calling for hopeful buyers. Still others are people who would like to buy properties to use as residences, rather than to flip or hold for investment. This article attempts to set out the most useful procedures for such callers, to get the most relevant information about a particular property in foreclosure.

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Picture of attorney Damien Zumbrennen

The Real Estate Settlement Procedures Act (“RESPA”) is a series of federal consumer-protection statutes that impose rules upon all of the professions involved in an activity relating to a real estate settlement involving a federally related mortgage loan.  The State of Colorado has adopted laws and regulations governing real estate brokers that impose similar rules.

The intent behind these laws is to protect consumers by prohibiting certain abusive practices (e.g. “kickbacks” and “unearned fees”) and by requiring settlement service providers to create transparency through the disclosure of “affiliated business arrangements.”  Ultimately, the effect of these laws is to reduce the cost of settlement services by providing full information to consumers and by prohibiting service providers from improperly influencing consumers’ selections.

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Meet The Attorneys

Picture of attorney Paige Ormond

Mr. Meyer received his Juris Doctor from Tulane University Law School in 2016. He advises individuals and entities in real estate, business law and civil litigation matters, where he strives to provide straightforward advice that will help clients reach creative and effective solutions. 

Andy's Profile


Picture of attorney Brittany McGinnis

Ms. McGinnis received her Juris Doctor form the University of Wyoming, College of Law in 2016. She represents clients in a wide range of domestic relations matters including, divorce, parental responsibility and parenting time (child custody and visitation,) paternity, legal separation, and restraining orders and protection orders.

Brittaney's Profile


Picture of attorney Brittany McGinnis

Mr. Rosales received his Juris Doctor form Cornell Law School in 2015. Dan is a litigator with experience in all stages of trial and appellate practice and alternative dispute resolution. His practice focuses on real estate and business litigation, regulatory compliance, securities litigation and arbitration, technology and intellectual property disputes, and white collar investigations and counseling.

Dan's Profile


 
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This publication is intended to provide accurate and authoritative information on the subject matter covered. It is distributed with the understanding that the publisher and distributor are not rendering legal, accounting or other professional service, and assume no liability in connection with its use. 
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Copyright © 2018 Frascona, Joiner, Goodman and Greenstein, P.C., All rights reserved.
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