THE LEGAL EDGE
Legal Ideas & Information - December 2016
This is an advertisement.
|
|
Wire Fraud Prevention!
Criminal hackers are trying to induce buyers, sellers and title companies to wire money to the criminals. They hack into email accounts of buyers, sellers and various service providers (e.g., title agents, mortgage brokers, real estate agents and lawyers) and send e-mails that look like legitimate emails from a proper party. They sometimes build credibility with benign e-mails, eventually instructing stake holders to wire money to the accounts of the criminals.
We’ve all seen crude examples of these “phishing attacks.” We all perceive that that we won’t be victimized because we can sense fraudulent e-mails. Yet none of us should be that confident. The bad guys are getting better. We’ve seen these phishing attacks work to fool some sophisticated skeptical people.
Our law firm has developed education and a wire fraud alert to help decrease the likelihood that (a) you and your clients are victimized by this and (b) that you are blamed for your clients’ loss of funds (when they are fooled through no fault of yours). If you are interested in exploring how the law firm can help you reduce this risk, contact Julia Occhuizzo at 303-494-3000 or julia@frascona.com.
Reduce Wire Fraud Risk
When someone dies owning an interest in real estate, the legal instrument used to convey the property is a Personal Representative’s Deed. In the deed, the Personal Representative (“PR”) of the estate transfers the deceased owner’s interest to either a third-party buyer or an estate beneficiary.
Does a Personal Representative’s Deed Require a Probate Administration?
Yes. In order for someone to have the legal authority to transfer title to real estate that was owned by a party who died, there must be a probate administration. When a probate administration is opened, a Personal Representative is appointed by a court to administer the estate. Even if the decedent had a will that nominated a PR, a probate administration must be opened so the PR nominated in the will is formally authorized by the court.
Continue
Can I Require a Pet Deposit for all Animals?
Whether a landlord, association or property manager has to allow someone with an assistance animal to live at the property despite animal restrictions is a frequent question. Also, if you have to allow the animal, can you still request a pet deposit? First of all, even if the property does not allow certain animals, if that animal provides a service or emotional support for a person with disabilities as documented by a medical professional, you generally have to accept that person and their animal into your property. For example if some condominium units do not allow cats and you are advertising one of many units for rent using a broker, if a prospective tenant has an emotional support cat as documented by a medical professional, you have to accept that tenant (and the cat). Thereafter, can you charge a pet deposit? The answer is no if the animal is a service animal or an emotional support (assistance animal).
A service animal under Colorado law can be a dog (or miniature horse) that is properly trained to assist persons with disabilities. These animals do work or perform tasks for the benefit of an individual with a disability that are directly related to the individual’s disability and needs.
Continue
|
|
IN THIS ISSUE
Wire Fraud Prevention
What is a Personal Representative’s Deed?
Can I require a pet deposit for all animals?
I am Selling my Home. Can I Keep my Mineral Rights?
Does a Private Party Foreclosure Differ from an Institutional Lender Foreclosure?
New FJGG Colorado Springs Offices
I am Selling my Home.
Can I Keep my Mineral Rights?
 Yes. The general rule of thumb is that minerals run with the land so the mineral ownership and rights to existing royalty payments (if any) pass with the land to the new owner. A landowner must actively reserve or convey the minerals to avoid passing them to a new owner.
This article first discusses the differences between a reservation and a conveyance, then it lists different types of reservations and conveyances, and finally offers some limitations.
Continue
Does a Private Party Foreclosure Differ from an Institutional Lender Foreclosure?
 Most purchases of Colorado real estate involve some sort of mortgage financing, in order to complete the purchase. Although a majority of mortgage financing is done by banks or other lenders in the business of making loans (known as “institutional lenders”), some financing is done with a private loan usually by either the current owner of the property, through an “owner-carry” arrangement, or by a relative of the buyer.
Continue
Meet Attorney Zachary "Zac" Grey
Mr. Grey received his Juris Doctor from Penn State Law, State College in 2011. His practice emphasizes Real Estate Transactions and Oil and Gas matters.
Zac's Profile
New Colorado Spring Offices
Due to the vibrancy of the Colorado Springs community and in an effort to serve you better, we are pleased to announce we now have office space available for meetings with clients and for depositions in downtown Colorado Springs at the Alamo Corporate Center, 102 S. Tejon Street. We can also meet in the Briargate area at 1755 Telstar Drive. FJGG attorneys are available for consultations, depositions, and other appointments for family law, civil litigation and other matters. Thank you for your continued business. We look forward to continuing to serve our Colorado Springs area clients.
To schedule an appointment, please call us at (719) 434-3770, or visit our website at www.frascona.com.
Continue
|
|
