Our Foreclosure Practice covers real estate foreclosure issues from A to Z throughout the Rocky Mountain Region. Matters ranging from property boundary disputes to complex multi county foreclosures may be the cause we are fighting for. The areas of real property rights and conveyance deeds and security instruments are also central to this practice area. This practice group is also active in lobbying and legislative efforts to assist our clients in shaping the laws that will impact and govern their business.

A judicial foreclosure is different from a Public Trustee Foreclosure in that it is a court proceeding in the state courts which results in an order and decree of foreclosure that is then given to the county sheriff who will conduct the actual sale as opposed to a public trustee in a public trustee foreclosure. As this proceeding is presided over by a judge, issues of conveyance, title, ownership or matters requiring a judicial decision typically drive one to foreclose in this manner as the proceedings are not statutorily driven.

Construction issues vary widely. Litigation and negotiation surrounding Mechanic's Liens, building, zoning, easements and entitlements are everyday occurrences. Issues surrounding construction timelines, payment, quality, warranties, and performance also are routinely handled in this practice area. The main element of the construction area of our foreclosure practice is the relationship between trade professionals and the lenders we represent.

Mechanic's liens are a very special lien right enjoyed by those that provide materials or services that benefit the property to which the services or materials were applied. Because once the services or materials are applied they cannot be taken back without additional efforts, these activities are protected against refusal to pay by a lien of superior rights which many times are the subject of Title Curative work.

Home Owner Associations (HOAs) are typically a not for profit corporation formed for the purpose of establishing and policing a common set of rules and regulations intended to maintain a specific look and feel of the community. They are granted special privileges and powers under the Colorado Revised Statues, their covenants and bylaws. Our foreclosure team routinely handles Home Owner Association issues ranging from disputes to priority claims.

Colorado is one of the few, if not the only, state that has public trustees in each county that administer public trustee foreclosures for those instruments granting a power of sale. The power of sale in the security instrument is critical as it gives the public trustee its powers. If there is not a power of sale the foreclosure may be administered but it must be done through a Judicial Foreclosure through the state court system. A public trustee foreclosure is mostly statutorily driven and except for the need to get an order authorizing the sale through the state court system it is an administrative proceeding.

The title system depends heavily upon the accurate and timely presentation of documents. Colorado is know as a "race notice" state meaning the first to the county clerk to file a notice of ownership has a senior right to those that file thereafter. While this is generally true there are circumstances that are exceptions to this rule and from time to time errors are made in the order of recordation. Title insurance provides a protection mechanism for the buyer and seller against many of these issues but when an error is discovered it must be addressed. Title curative is an area of our practice that cleans up and restores the proper order of the title records. Many times an unpaid Mechanic's Lien or Home Owner Association lien will be the cause of title curative work as thy both enjoy a superior lien right to other lien types. We negotiate and litigate claims with various parties to accomplish this objective as quickly and judiciously as possible.

Mortgages or deeds of trust are instruments that create a security interest in the property which they relate to. In other words, the mortgage or deed of trust is the document that links the promise to pay with the collateral or property that will be forfeited if the payments are not made pursuant to the contract. Mortgages are less common in Colorado than deeds of trust although both can be found. Typically a deed of trust has a grant of a power of sale to the public trustee of the county where the property lies which allows for a non-judicial administration of a foreclosure in the event that there is a default on the underlying promise to pay.

In addition to simple property rights there are often very complex underlying mineral or water rights that run with the real property but are typically conveyed separate from the surface rights commonly granted in security instruments. Mineral and water rights may be leased or sold, bargained for or leveraged by the holder. These rights pertain to certain elements that may or may not exist upon the surface or below any real property. As these rights are not for the standard real property or dirt as it is often referred to they are not governed by the same registry or recording laws and have their own very unique sets of rules that govern them.