Real Estate Law
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It would be my pleasure to assist you. Can you attach the deed of trust?
Let me review the attached documents and I will get back to you.
Since the only thing you have not paid is the special assessment, that was not disclosed, I disagree that you are in default. That being said The language with regard to the 18% is, at best, ***** ***** you close the transaction at a title/escrow company
The 18% is the default rate.
Yikes your attorney dropped the ball....not good.
The title company should have received information with regard to the special assessment as their function is to insure that you have good and marketable title that is not subject to any liens.
Please keep me posted I am interested in the outcome. Thank you for using JA! If you would be kind enough to rate my service do o may receive credit for my work I would appreciate it.
The 18% accrues from the date of the default see Weston v. T & T, LLC, 271 P. 3d 552 - Colo: Court of Appeals, 3rd Div. 2011
The 12% increases. I have provided you links above for case law on this matter.
If your attorney will not work out a settlement on your behalf you may consider filing a State Bar complaint against the attorney.
Obviously you are free to make any settlement offer that the other side will agree to. If you would prefer to work with a different attorney I would contact the State Bar to refer a reputable attorney to you at www.cobar.org and take action against your attorney that dropped the ball.
I would also want to see the title company file on your closing to see what information the title had with regard to a special assessment.
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I can ask the site to remove your attachments for privacy if you would like me to do so as these post are public.
If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.
Do you have any additional questions for me?