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Colorado General Practice Recent Legal Answers from Lawyers

Colorado General Practice Recent Legal Answers from Lawyers
Anyone can be sued for anything, but (assuming you did nothing wrong to contribute to your son's accident) you would not be liable for your son' s actions just because you are his parents, and should be able to win any suit that is based solely on that relationship.
Anyone can be sued for anything, but (assuming you did nothing wrong to contribute to your son's accident) you would not be liable for your son' s... Read More

Unusual Lien question

Answered a year and 11 months ago by attorney Bruce Robins   |   1 Answer
Yes, it is not unusual for a borrower or debtor to provide the creditor with a mortgage lien on real property to secure the debt.  If you already had a mortgage, this lien would be a second or junior mortgage.  The process may differ from state to state, however, and I don't know the procedure in Colorado.... Read More
Yes, it is not unusual for a borrower or debtor to provide the creditor with a mortgage lien on real property to secure the debt.  If you... Read More
A release of a lien releases a security interest in collateral, it doesn't release your obligation on the underlying loan.  Assuming that the lien release is valid, you would still owe money for which you can be sued.  If the creditor obtains a judgment which you don't pay, collection measures may include garnishment of wages, and the seizure and sale of assets, including your motorcycle.... Read More
A release of a lien releases a security interest in collateral, it doesn't release your obligation on the underlying loan.  Assuming that the... Read More

how and where to find grant for our none profit organization

Answered 3 years and 5 months ago by attorney Cyrus Rajabi   |   1 Answer
There are many organizations which provide grants to nonprofits.  Many of them are specialized to specific types of nonprofits.  An internet search for grants is a good start. For example, GrantWatch.com provides subscribers with the most grants for nonprofits and small businesses.  You can find grants for your nonprofit, 501c3, NGO, education, religious or community organization, municipal government agency or small business on GrantWatch.com.  This is just an example and not an endorsement.   Their website address is below. http://colorado.grantwatch.com/ I hope this information is helpful.... Read More
There are many organizations which provide grants to nonprofits.  Many of them are specialized to specific types of nonprofits.  An... Read More

HOA Board

Answered 3 years and 5 months ago by attorney Cyrus Rajabi   |   1 Answer
Assuming you are part of an existing HOA, the board governing documents should set forth the size of the board and the operation of the board. The bylaws (one of the governing documents) should set forth a specific number (or a range for the number of) members of the board of directors. Your property manager should be able to provide you a copy of all the governing documents. Your HOA should engage legal counsel and a competent property manager to ensure the HOA is appropriately setup and operated. If you are looking to form a common interest community (which is run by an HOA), there are a number of factors to evaluate in determining the appropriate size of a board, but a discussion of those factors and the proper way to set up a common interest community are beyond the scope of a response to this forum question, but can be answered by a competent real estate / common interest community attorney.... Read More
Assuming you are part of an existing HOA, the board governing documents should set forth the size of the board and the operation of the board. The... Read More

Can the cosigner come after me?

Answered 4 years and a month ago by attorney Bruce Robins   |   1 Answer
If I understand you correctly, a friend of yours co-signed a loan on your car.  You are asking if you trade in your car, can you leave all the debt to him.  There won't be any debt.  Your lender has a security interest in your car and it has no doubt followed standard practice by recording that lien.  You won't be able to transfer title to the car until and unless your lender consents, which will not happen until and unless the loan is paid off.  Its just like a mortgage; the mortgage is recorded, and the house can't be sold unless the mortgage is paid off.   If, somehow, you managed to trade in the car without paying off the loan (I don't see how that can happen unless you commit fraud), your cosigner will sue you for any payments he has to make on the car loan.  On these facts, he will win.... Read More
If I understand you correctly, a friend of yours co-signed a loan on your car.  You are asking if you trade in your car, can you leave all the... Read More

Do l legally owe someone money if it was a gift?

Answered 4 years and 4 months ago by attorney Bruce Robins   |   1 Answer
You do not owe the money if it was a gift (assuming that it was not a gift in contemplation of marriage).  If, however, he claims that it was a loan, not a gift, the fact that there was no writing and that the money went directly to the dealer do not invalidate that claim.  It may come down to who the Court believes - was it a loan or was it a gift?  It would help if you had any evidence other than your testimony to support your contention that it was a gift (for example, testimony from other people who heard him say that he was giving the car to you, an email from him saying something like "I hope you're enjoying the car I gave you", or from you saying "thank you so much for the car.")... Read More
You do not owe the money if it was a gift (assuming that it was not a gift in contemplation of marriage).  If, however, he claims that it was a... Read More

Will signing their documents make it harder for me to sue them?

Answered 5 years and 11 months ago by attorney Bruce Robins   |   1 Answer
Short answer - YES, but you have probably already waived any claim you might have had.  When they asked you for the money, you could have refused and sued to compel them to release your transcript.  Instead, you voluntarily paid them, and then waited and still haven't sued.  You would have a very difficult time trying to argue that you hadn't waived your claim, and even if you win on that issue, there is still no guarantee that you will prevail on the ultimate issue of whether you owed the money in the first place.  It is very difficult to be sure without more details, but it sounds as if the appeals process would be easier, cheaper, and give you a better chance to win than court.  However, don't proceed with the appeals process if you have any intent of subsequently going into court.  You only get one bite of the apple.    ... Read More
Short answer - YES, but you have probably already waived any claim you might have had.  When they asked you for the money, you could have... Read More