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The Protecting Tenants at Foreclosure Act, which went into effect on May 20, 2009, was designed to provide protections for tenants in the event of foreclosure. In the past, tenants had little or no right to retain their lease when their landlord lost the unit through foreclosure. The new law affords a greater notice period for eviction (increased to 90 days) and allows renters to stay for the remaining term of their lease except in the event that the new title holder intends to occupy the unit... Posted on November 4, 2009 at 08:59 am

The FHA announced yesterday that it is once again delaying the implementation of the requirements found in Mortgagee Letter 2009-19 until December 7, 2009. As we posted previously, these new guidelines for condominium projects are likely to have a significant impact on condominium communities. FHA has indicated that revisions to the 2009-19 Letter will be forthcoming in the next two weeks and will offer leniencies because of current market conditions and provide clarification to some of the... Posted on October 22, 2009 at 11:25 am

The Colorado Supreme Court recently issued a ruling in B.B. & C. Partnership v. Edelweiss Condominium Association, holding that a party taking title to real property through adverse possession cannot do so free and clear of the restrictions in a recorded condominium declaration. The party at issue was an original member of BB&C, the declarant, and thereafter the association's managing agent for 20 years. BB&C acquired title to an association parking space by adverse possession, and... Posted on October 16, 2009 at 02:02 pm

If you have a long-standing history with your doctor, it is often a good idea to speak with your doctor early on during the Social Security disability application process. Here are some things you should discuss: Let your doctor know that you are applying for Social Security disability benefits. Ask your doctor if he or she feels that you are disabled? Does your doctor think you would be able to do some type of full-time work? Is the doctor willing to write a statement to Social Security, or... Posted on November 10, 2009 at 05:00 am by Tomasz Stasiuk

Social Security may approve Supplemental Security Income (SSI) benefits to children with a low birth weight (regardless or whether the child is premature). According to the Social Security regulations, these cases are often reviewed by the child's first birthday. When we will conduct a continuing disability review. &#xe2€&#xa6 we will start a continuing disability review &#xe2€&#xa6 By your first birthday, if you are a child whose low birth weight was a contributing factor material to our determination that... Posted on November 6, 2009 at 05:00 am by Tomasz Stasiuk

Under Social Security regulations low birth weight babies may qualify for Social Security disability (Supplemental Security Income - SSI) benefits. It is important to note that Social Security does not specifically consider whether the child is premature or not. Social Security considers the birth weight of the child: "Low birth weight" is defined as a birth weight under 1,200 grams (2 pounds 10 ounces) or under 2,000 grams and small for gestational age. Social Security does provide SSI... Posted on November 3, 2009 at 05:00 am by Tomasz Stasiuk

A Colorado Springs teen was ticketed for careless driving after he allegedly struck a parked vehicle that two men were working on, according to authorities. The accident happened on Sunday afternoon on the 2800 block of Richmond Drive, near Constitution Ave. and Peterson Road. The teen reportedly told authorities that his cell phone rang, but when he tried to pick it up, it fell. When he tried to grab the phone gain, he lost control of his vehicle and struck the parked car. Both men, which were... Posted on October 31, 2009 at 05:46 pm by Chrissie Cole

John Deere, in cooperation with the Consumer Product Safety Commission (CPSC) announced a voluntary recall of John Deere Compact Utility Tractors. According to a news release by the CPSC, "An incorrectly sized differential was installed in the tractor transaxle affecting the engagement of the differential lock and causing the tractor to turn to the left when braking. This causes the vehicle to veer left when the brake is applied, posing a risk of collision and injury to the operator and... Posted on September 29, 2009 at 04:39 am by Chrissie Cole

On Saturday, July 25th in Colorado Springs, a two car collision on I-25 caused a part of the interstate to be closed for four hours, according to KOAA, NBC Channel 5. An investigation by the Colorado Springs police revealed that: a station wagon was going southbound on the Interstate, when the driver lost control and crossed the center median striking a pickup truck going northbound, pulling an enclosed trailer. An 18 year-old girl was the driver of the station wagon. There was also an 18... Posted on July 28, 2009 at 03:22 am by Margaret Embry

In response to my blogs about the economic stimulus payment, another attorney's client asked me for more information. To avoid ethical concerns, I am using this blog entry to develop further and more practically my thoughts. The economic stimulus payment question is a frequently discussed topic among Colorado bankruptcy attorneys. As far as I know, the disposition of the economic stimulus payment in a Colorado bankruptcy case is still an unsettled issue at this time - although the trustees seem... Posted on May 28, 2008 at 07:40 am

A PDF of the handout from today's Case Law Updates CLE for the Bankruptcy Subsection of the Colorado Bar Association is available for download. Click here to link to the Downloads page. The materials were presented by the Honorable Michael E. Romero, United States Bankruptcy Judge, and David M. Miller, Esq., Kutner Miller Brinen, P.C. The next Bankruptcy Subsection meeting is 4:30 p.m., Wednesday, July 9, 2008, at the Colorado Bar Association, 1900 Grant Street, 9th Floor, Denver, Colorado. The... Posted on May 14, 2008 at 09:22 pm

In re Twin Lakes Real Estate, LLC, BAP No. UT-07-055 (May 6, 2007). On appeal, the Tenth Circuit Bankruptcy Appellate Panel reviews a bankruptcy court's dismissal of a tax lien avoidance action concerning real property brought by trust beneficiaries in the "nominee" owner's bankruptcy case. The 10th Cir. BAP affirms the bankruptcy court's dismissal based on a lack of subject matter jurisdiction. This twelve-page decision begins with a brief analysis of the rule of finality as the basis for the... Posted on May 7, 2008 at 09:54 pm

Changes to Colorado divorce law now limit access to Colorado divorce online records. Effective January 1, 2007, the Colorado Department of Public Heath and Environment has adopted a policy which interprets and includes their official reports of Colorado divorce and family law (domestic relations) records as confidential "vital records" within the definition of Colorado's vital statistics records laws. As a result, online access to the statewide database for Colorado dissolution of marriage... Posted on June 13, 2007 at 06:25 am by Larry

As a divorce professional, I don't often fall in love with new children's books about divorce; there are simply too many fine ones already out there. Sandra Levin's Was It the Chocolate Pudding?: A Story for Little Kids About Divorce, however, is a welcome exception, a total delight! Chocolate Pudding perfectly captures the powerful confusion divorce ushers into the world of a six-year-old boy and his little brother. The boy just knows his mom moved out of their home, suddenly and without... Posted on August 8, 2006 at 07:53 am by Larry

Our Colorado divorce law blog and divorce and family mediation practice blog are among "the handful of attorney-run blogs" featured in a first page article of this Sunday's Business section of the Denver Post, "They Blog the Law, and the Law Wins." Post staff writer Greg Griffin examines the phenomenon of legal-minded or law blogs, known as "blawgs" - noting they are a natural way for web visitors and potential clients with a need for professional services to stay current in an ever-changing... Posted on March 26, 2006 at 04:49 am by Larry

So last time we went over the major guidelines to qualifying for the Deed-In-Lieu program from Fanny Mae that allows homeowners to rent their home after "giving it back." I'd like to go over how this process works a little more in case anybody out there is looking for this kind of help. The first step in the process is for the lender/servicer to determine if a Deed for Lease is a good option for the borrower and whether the borrower is even interested. The servicer will have to prescreen the... Posted on November 20, 2009 at 07:09 am by Sara J. Mobley, Esq.

What options are there for people who can't afford their mortgage, can't qualify for a mortgage modification, and can't or won't file Bankruptcy to stay in their home? Are there other options to stay in your home? The answer is yes. In another post I will go over Short Sale options where you can rent from the person who purchases your home. In this series, however, I would like to go over Fannie Mae's Deed-for-Lease Program. This is a program designed to work in tandem with a Deed-In-Lieu. This... Posted on November 10, 2009 at 09:49 am by Sara J. Mobley, Esq.

OK, so you didn't pay your second mortgage for at least 6 months, you are upside down in your house, and your second mortgage has charged off to become unsecured. What now? Now, the lender on your second has to decide if and how they want to collect on their loan. They generally have four options: 1) Sell the debt to a junk debt buyer; 2) collect on the debt like a credit card; 3) settle the debt for pennies on the dollar; or 4) do nothing. Selling the debt to a junk debt buyer is rare in my... Posted on October 23, 2009 at 03:13 pm by Sara J. Mobley, Esq.

Steps to Take Prior to Bankruptcy Filing... Have you been thinking about filing for bankruptcy in Denver and are unsure of the steps needed to file for bankruptcy protection in Denver. If you are considering Bankruptcy in Denver, here are some of the basics steps you need to start looking at before you pay an attorney in Denver to work on your bankruptcy case. Look at your current assets and liabilities and put them on paper. This way when you to to a bankruptcy attorney in Denver, then you are... Posted on November 17, 2009 at 01:50 pm by jesse

How Much Does a Bankruptcy Cost in Denver? Almost every day I get a call from a potential client with a simple question: "How much does a bankruptcy cost here in Denver?" Potential clients are often very annoyed when I don't give them a number back. I have to ask questions and qualify the amount of work that will go into a case before I can assess the costs. People call up asking for the price as if I am selling a box of rice and get annoyed when the process is more like I am building a deck.... Posted on November 1, 2009 at 09:44 pm by jesse

Credit Cards vs Debit Cards Everyone these days have a credit card or a debit card. This post does not have a lot to do with bankruptcy in Denver, but more about financial protection of your assets. I wnted to go over this because it could cause a person to need to file bankruptcy in Denver if they were unaware of some of the nuances between a credit card and a debit card. I am going to make this extremely generic because this is a bankruptcy site for people thinking about bankruptcy filing in... Posted on October 24, 2009 at 11:58 am by jesse

About eight months ago, I wrote a post regarding the FTC's proposed rule changes regarding endorsements and testimonials. Those rules, with some slight changes, will become a reality on December 1, 2009. If you are interested, the FTC has put together its 81 page Guides Concerning the Use of Endorsements and Testimonials in Advertising, in which the FTC highlights its thoughts and reasoning regarding the comments and its eventual decisions regarding the changes. Depending on who you read, the... Posted on November 16, 2009 at 02:15 pm by Douglas R. Griess

Just wanted to announce the birth of our fourth child, Elijah John Griess born on Saturday, October 17, 2009 at 11:23 AM, 6 lbs and 14 oz, 20 inches long. Momma and baby are doing great and the siblings are loving their new little brother. We went home yesterday afternoon and have begun to figure out what the new normal looks like. Posted on October 19, 2009 at 02:50 am by Douglas R. Griess

Back on January 17, 2009, I posted a blog on a recent ruling my office obtained from the District Court for the District of Colorado in Smith v. Slifer Smith & Frampton/Vail Associates, et al., No. 06-cv-02206-JLK-MJW, D.C.Colo. As I discussed, Michael Reagor of our office obtained an adverse inference regarding missing electronically stored information in the case. We have now posted the Order for anyone who might be interested at the DRC-Law website. The Order is also available for... Posted on October 13, 2009 at 06:52 am by Douglas R. Griess

As attorneys, we see a variety of legal issues and novel legal theories each day. Sometimes, our prospective clients have their own ideas of good legal theories. In the tax realm, there seems to be an abundance of websites and paid consultants to "help" the misguided taxpayer. Here are our top five frivolous tax arguments guaranteed to get you in hot water with the IRS: 1. Filing and Paying Income Tax is Voluntary: The argument goes that the IRS itself, even in its own publications, states that... Posted on September 28, 2009 at 03:20 pm by admin0

Every mortgage loan has two parts, a note and a deed of trust. The note is your debt to the mortgage company. The deed of trust is the document secures the debt with your home. If you get behind on your payments, the mortgage company may foreclose on your home and sell it at an auction. The difference between your loan amount and what the mortgage company sold it for can create a deficiency. (For example, if you have a $300,000 mortgage loan and the house sells for $200,000 at a foreclosure... Posted on January 30, 2009 at 09:24 pm by admin0

The IRS recently released its annual enforcement figures for its 2008 fiscal year. The bottom line-$56.4 billion in enforcement revenue collected. Collecting the billions required the IRS to issue over 2.6 million tax levies (IRS garnishments and bank levies) and 750,000 tax liens on taxpayers' property. Many of these levies and liens occurred after taxpayers failed to file their tax returns or pay tax. Tax levies and lien normally occur after numerous notices from the IRS. Taxpayers can stop... Posted on January 19, 2009 at 08:39 pm by admin0

Allen Gasper is the Senior Partner in the Gasper Law Group, Colorado Springs. In considering potential plea offers in District Court cases in Colorado, a question arises about the possibility of reconsideration of sentence in the future and the best approach to establishing a "track record" for the court to consider in determining whether the defendant is a good candidate for reconsideration of sentence. Boot Camp provides a vehicle for proving a defendant's acceptance of responsibility and... Posted on August 25, 2009 at 04:47 pm by Gasper Law Group

By Mark C. Cohrs Senior Investigator for The Gasper Law Group A necessary part of providing legal representation to defendants charged with a criminal offense is the task of evaluating the evidence against the client. The Constitutional concept of "innocent until proven guilty" is not always a reality when a person is accused of committing a crime. Oftentimes, even well intended officers who are dispatched to investigate alleged offenses tend to react primarily on the basis of probable cause,... Posted on June 23, 2009 at 03:11 pm by Gasper Law Group

The Handwriting's on the Wall&#xe2€&#xa6&#xe2€&#xa6.or Wherever ... By Bill Edie, Attorney for the Gasper Law Group Client: "The bank doesn't have any video of me at the window, so what can they do to me?" Attorney: "Why don't we go into my office to discuss this some more?" Misconceptions abound about the use-and potential misuse-of handwriting analysis in order to prove or demonstrate a particular point in the courtroom. While entertaining, most TV shows, movies, and popular fiction shed little light on what... Posted on June 10, 2009 at 08:37 am by Gasper Law Group

Training means - research day and night - ask other associates and librarian for help but not the partner. Then bill 2 hours for it. Good culture means all associates get super drunk at least one night a week Partners are always talking about how lazy young associates are Partners scream at associates and secretaries and no one [...] Posted on March 4, 2009 at 05:16 pm by Jennifer Loud

I am a featured Guest Blogger on the http://www.cheezhead.com/ website today. Check out my article here: twitter 101: get yourself a new job Mon, Feb 23, 2009 Featured The hiring market is bleak. Last week over 1,000 lawyers were laid off. Companies are not hiring. Students are unable to get jobs. Recruiting is down. Competition for the few available jobs [...] Posted on February 19, 2009 at 12:40 pm by Jennifer Loud

Posted on February 18, 2009 at 08:51 pm by Jennifer Loud