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I sold a property in Colorado and owner financed it, the…

Customer Question
I sold a property...

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?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
9/8/2017
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,047
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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.

.

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.

.

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.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Hello again,

.

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

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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