The eviction area seems simple but is actually riddled with peculiarities and little pit falls for the unwary. When talking about abandoned property we are referring to a property that appears to be empty or at least that no one is living there. Abandoned properties can be clean or fully loaded. As the process of eviction in Colorado is fairly quick and inexpensive we typically recommend completing an eviction and obtaining an order of possession prior to entering the property and disposing of what may be inside. An important trap is that even if the property is abandoned, you cannot evict someone from a property post foreclosure if that person still has valid redemption rights!

Forcible Entry and Detainer is the technical term for eviction. When one occupies or possess property after they have defaulted on the terms of an agreement concerning that property or if they no longer own the property they are occupying, then a forcible entry and detainer (FED for short) action is commenced. FED actions are used in situations of Abandoned Property and Personal Property Evictions alike.

REO closings refer to the closing that takes place after a lender has completed a foreclosure and now is re-selling the property to a buyer. The term REO stands for real estate owned and describes the property that has been titled over to the bank at the conclusion of the foreclosure proceedings. We have a specialized company that conducts and completes 100's of REO closings a month for our clients.

Personal property evictions are similar to those circumstances seen in Abandoned Property but generally is referring to a situation where there is clearly no one living in the property and there remains property of the prior occupant. Personal property evictions are completed the same way as other evictions but they usually will not involve the same delays or negotiated "move-outs" because the occupants are gone.

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.