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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38225
Experience:  17 years real estate, Realtor. Landlord 26 years
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I sold a property in Colorado and owner financed it, the

Customer Question

I sold a property in Colorado and owner financed it, the buyer is in default, the buyer never recorded the warranty deed with county, if I quit claimed the property and have it recorded with county will it take president over the warranty deed that the buyer never recorded?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: colorado
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Colorado is what is called a "race-notice" state for recording which means that a later buyer who pays fair value, does not have notice of any other earlier conflicting interests, and records first, wins and will have priority over any later recordings.

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So if you sold the property to someone else and they recorded their deed first, and had no idea about the prior deal, then they would have priority over the first purchaser.

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thanks

Barrister

Expert:  Barrister replied 1 month ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister