At Jorgensen Brownell, & Pepin, our Longmont real estate attorneys
have significant experience reviewing and drafting real estate contracts
for our client's benefit. Our attorneys break down the technical terms
in a real estate contract in order for our clients to understand their
rights and responsibilities. We identify clauses that expose you to liability
and we propose additional language to protect you.
Gerald L. Jorgensen is licensed not only in the practice of law but also is a Colorado Licensed
Employing Real Estate Broker with 25 years of experience in real estate
transactions with computer generated standard contracting forms that can
be quickly and efficiently be drafted. Having real estate sale experience
and readily available forms is a great help to For-Sale-By-Owner (FiSBO)
Note that: Colorado law prohibits option contracts on real estate by non-licensed
persons. Many Get-Rich-In-Real-Estate seminars and or organizations fail
to recognize that the procedures or techniques taught may simply be illegal
in the state of Colorado. Before entering into any option to purchase
or take-over-the-payments agreement, the public is strongly advised to
seek legal advice from a real estate attorney like those at Jorgensen,
Brownell & Pepin, P.C.
Boundary Line & Easement Disputes
We understand that there is nothing funny about a modern day Hatfield and
McCoy dispute between to landowners fighting for what they believe is
a piece of their land. For years, our firm has represented property owners
in settling disputes involving easements and boundary lines. Whether your
particular scenario involves a shared driveway, irrigation issues, or
a simple question of where your property ends and theirs starts, stop
playing the guessing game and contact us right away for a initial consultation
about how we can help you settle the issue quickly.
Ownership Interest Determination & Partition
In the rural areas of Colorado, vast tracts of property can go years without
notice, only to suddenly have two or more entities claiming title and
demanding to know who owns what. Other times, land must be divided up
among individuals or entities that simply cannot agree on what belongs
to whom. In hectic times like these, we put our experience and knowledge
to work to achieve optimal results for our clients. Should you find yourself
in just such a position, do not waste valuable time waiting to see what
might happen. That is exactly what the other side is hoping you will do.
Foreclosures & Evictions
Foreclosure occurs when a creditor, such as a bank or mortgage company,
obtains a court order preventing a mortgagor from their right of redemption.
For example, when a homeowner is unable to make payments on a mortgage
or deed of trust to a lender, the creditor can pursue foreclosure to sell
the property of the owner and apply the proceeds to the debt and peruse.
Before foreclosure is complete, the owner of the property generally has
a cure period to pay-off the debt to the creditor. However, if the creditor
is successful in a judicial foreclosure, the creditor can serve you a
legal notice to evict you from the property. New statutory changes have
increased cure periods, but have done away with many redemption rights
so that a sale date can equal an eviction date. We will work diligently
with you to protect your interests in the event of a foreclosure and eviction.
Contact our attorneys to see how these legislative changes can affect
your liens and mortgages.
Real Estate Titles & Closings
Real estate transactions present financial and investment opportunities,
as well as risk. Real estate titles and closings involve transferring
ownership in real estate from one party to another.
In order to transfer ownership in real estate, several important steps
must be completed such as:
- Ordering title search on the property
- Reviewing title property
- Investigating any liens in the title report
- Clearing up any discrepancies
- Obtaining title insurance
- Recording the necessary deeds
- Disbursing funds to the proper parties
At the law office of Jorgensen Brownell, & Pepin, P.C., our Longmont
real estate lawyers protect our clients from potential legal and financial
setbacks through preventative legal strategies intended to protect your
interests. Reviewing contract terms and conditions involved in commercial
and residential real estate deals, we identify clauses that expose you
to liability and propose additional language to protect you. When zoning
or land use issues arise, we work with government agencies to resolve
matters in a timely, efficient manner.
HOA Formation, Collection, & Management Issues
A Home Owner's Association (HOA) is an organization established by
a community to govern the rules of that community. An HOA is a beneficial
organization for people with shared neighborhood values. The HOA determines
rules regarding what homeowners can and cannot do in their homes and how
money is spent on shared property. Homeowner's association establishes
covenants, conditions, and restrictions (CC&R). CC&R generally
have rules that govern what a homeowner can or cannot do. For example,
a CC&R may contain rules regarding the number of people that may occupy
a house or the colors one can paint the house.
A HOA is very much like a small corporation - it needs to be well managed
with clear rules and regulations to ensure the best possible experience
for all involved. Like a corporation, a HOA has several powers including
providing services to its community, regulating activities, and imposing
fines. Similarly, HOA boards can appoint officers and create committees.
We can draw up initial charters, contracts, and help settle disputes before
they arise. At Jorgensen Brownell, & Pepin, P.C., our real estate
attorneys can advise you on the formation, collection, and management
issues surrounding a HOA.
Home Inspection Resources
Ordering home inspections on your real estate property is an important
step in the process of buying or selling your property. There are different
types of inspections that should be ordered on the property, including
pest and termite inspection. A pest and termite inspection will help you
determine the work needed to remedy current termite problems and to prevent
future infestation problems. Additionally, an inspector will be needed
to examine the structural, electrical, plumbing, and roofing systems for
the property. Our real estate lawyers can have your property inspected
by an impartial evaluator. This is done to assess the current condition
of your real estate and how that condition affects your investments. By
understanding your choices, we can offer measures you can undertake now
to avoid financial and legal problems in the future.
Zoning & P.U.D. (Planned Urban Development)
Land and zoning laws can substantially affect how a property owner or developers intend to
use their property. Land and zoning laws are used by local governments
to assignment land for particular use. Land and zoning laws can regulate
the kinds of structures and activities that may occur on the land, the
size of lots, location of buildings on the lot, and much more. Land and
zoning laws are also used by local governments to prevent new development
from interfering with preexisting land purposes and to control the pace
of development and growth. Planned Urban Development (PUD) is a means
of land regulation which promotes large-scale, unified land development.
PUD is a zoning classification for land that contains a mixture of various
land uses including:
- Residential housing
- Industrial buildings
- Open land
- Commercial centers
When zoning or land use issues arise, we work with government agencies
to resolve matters in a timely, efficient manner. We can protect your
real estate investment with comprehensive legal advice and aggressive
Landlord - Tennant Law
Landlord-tenant law is governed both by the contract you signed and by
state and city code. Whether you are the landlord or the tenant, there
are various issues that should be considered when signing a lease.
For example, lease agreements contain various clauses regarding:
- The termination of the lease
- Repairs and maintenance
- Security deposit
- Issues regarding subleases and assignments
Our real estate attorneys can advise you of your rights and responsibilities
as a landlord or tenant of the property. Our attorneys have developed
a comprehensive lease agreement that can quickly handle evictions while
giving the landowner certainty as to cost with the use of flat fee agreements.
Quick response times and package notice to vacate plans makes landlord's
worst duties easy and efficient. Additionally, our attorneys can advise
tenants if their landlord violated duties and responsibilities under the
lease or state and city code.
Leasing & Financing
Leasing and Financing are processes in which assets or money are given
or obtained in return for a series of contractual and periodic payments.
The terms of a leasing and financing agreement vary depending on the needs
of each party. By reviewing your contract and applicable code to identify
issues, we can advise you on your obligations, start negotiations and
mediations on your behalf, or even prepare litigation to protect your
rights and property.
Perpetual Cemetery Trusts
A perpetual trust is a trust that holds significant assets and can last
for a significant period of time, depending on the governing state law.
Generally, a perpetual trust will remain free of transfer tax during its
existence. Cemetery and church organizations can use perpetual trusts
to not only maintain existing cemetery land, but can use the power of
each to expand facilities. At Jorgensen Brownell, & Pepin, P.C., our
real estate attorneys can advise your church or organization regarding
how to establish to perpetual cemetery trust. Additionally, we can advise
you regarding the drawbacks, benefits, rights, and responsibilities of
establishing a perpetual cemetery trust.
subdivision is large areas of land divided into lots, tracts, or parcels, for the
purpose of selling or building on the development. Subdivisions serve
different purposes, including housing, commercial, office, or industrial
development. There are several steps a developer must comply with in order
to create a new subdivision. For example, a developer must apply for zoning
permits with the city or town where the land is located. Additionally,
zoning laws must be reviewed in order to determine the limitations of
development on that land.
In addition, under Colorado State law, any property split of existing property
lines requires approval from the controlling municipality. As a full-service
law firm, we're committed to adding value to our clients' existing
business or real estate opportunity. At Jorgensen Brownell, & Pepin,
P.C., our Longmont real estate attorneys will diligently work to help
you develop your subdivision.
Our attorneys will assist you in:
- Applying for zoning permits
- Investigating zoning laws
- Meeting the necessary requirements to help you develop your subdivision
Eminent Domain & Takings
Eminent domain is the process by which the state acting on its own behalf
or another's seizes a citizen's private property in return for
just compensation. Property taken by the government may only be used if
the taking will be for the public use. Although public use can be broadly
defined, there are limits against the government's powers. Property
taken by the government is commonly used for highways, railroads, and
public utilities. There are various types of takings which can occur through
eminent domain. For example, a taking can be temporary or a taking can
be for a piece of the property. Additionally, a taking can be an easement
or right of way.
At Jorgensen Brownell, & Pepin, P.C., our real estate attorneys can
represent your interests to defend against eminent domain and government
taking. For example, the government cannot proceed with eminent domain
if the taking is not for public use, or they have not been authorized
by the legislature, or the government has not followed the proper procedure
required by law. We can represent your interests in negotiations for increased
compensation, mediation for alternative plans, or litigation to protect
Special / Metro Districts
Special and metropolitan districts can be created to use the additional
tax base to reimburse infrastructure construction on projects for either
original or re-construction. Special districts are independent government
units which are created to fill certain gaps that may exist in the services
counties provide. For example, special districts may provide services
such as hospitals, sewerage, and fire protection. Metro districts are
used by developers to finance improvements within the community, such
as infrastructure and amenities. Metro districts finance improvements
by issuing bonds and using the proceeds to complete the infrastructure
requirements for the community. Our real estate attorneys can advise you
regarding the benefits and drawbacks of establishing a metro or special district.
Tax planning protects income, assets, and property from the IRS and local
governments by a thorough examination of tax law and how it applies to
you. Our staff can make sure that you pay exactly what you are required
to and not a dime more.
Need Legal Representation? Jorgensen, Brownell & Pepin, P.C. Is Here for You.
Our attorneys have the knowledge and experience that allows us to provide
expert representation on matters of all sizes. We know just how stressful
a dispute over real estate can be, and take great measures to ensure that
each client receives the attention they deserve to help resolve the dispute
in a positive and expeditious manner.