REAL ESTATE LAW
Real estate law ranges from straightforward property purchase or lease agreement to litigation concerning adverse possession and quiet title actions. With over 15 years of experience in real estate law, real estate investing, and property management, we have a deep understanding of your needs as a real estate investor or owner.
We can help you with:
- Real Estate Contract Review
- Commercial Leases
- Eviction Policies
- Foreclosures (Creditor’s Rights)
- Quiet Title Actions
- Drafting Deeds
- HOA and Condominium Formation and Documentation
- And More, Just Ask!
REAL ESTATE CONTRACT REVIEW
Before you sign a real estate contract for purchase or lease, it is essential to have an attorney who specializes in real estate law review it for you. We have deep knowledge and experience in real estate law as well as a licensed real estate broker on staff to help you get the purchase or lease terms that are in your best interests.
Commercial lease agreements are significantly different from residential leases in that the term of commercial leases are typically longer, and the payment terms can vary substantially. There are many different types of commercial leases, including gross, modified gross or triple net, and the obligations of the tenant vary widely depending upon which type of lease is used. Indemnification can also be a larger issue in commercial leases than with residential leases because typically the use of commercial spaces comes with higher risks of physical or injury damages. We can draft or review a commercial lease and customize it to your specific needs. Contact us to discuss your real estate contract review and commercial lease needs.
Are you dealing with difficult or non-paying tenants? We can counsel you on when evictions are appropriate and help you execute the eviction. Evictions are statutorily driven, so you must follow the letter of the law, and if the state-mandated process isn’t followed perfectly, the tenant may be able to challenge or prevent the eviction, even if they are in clear violation of the lease agreement. We will draft all the eviction documents, file with the appropriate court and make sure the tenant is properly served. We will then coordinate with local law enforcement to remove the tenant and their belongings. Evictions are never pleasant, but sometimes it’s the only way to remove problem tenants.
We work with our clients to create effective and efficient eviction policies for your business so that the process is easier, more expedient, and less costly. With the right policies in place, your property managers will know what procedures to follow when a tenant doesn’t pay their rent to either get the tenant caught up on their rent payments or quickly and efficiently have them removed.
FORECLOSURES (CREDITOR’S RIGHTS)
Foreclosures can be very complicated and time-consuming. If the proper legal procedures are not followed, a borrower can challenge or prolong the foreclosure process, thus costing the creditor more money. We understand the foreclosure process and can draft appropriate documents, execute the foreclosure, and mitigate the creditor’s losses. Let us help you make an unpleasant situation as expedient as possible.
QUIET TITLE ACTIONS
When a homeowner passes away, and a surviving spouse or heir needs to sell the home, but can’t because they need the deceased owner’s signature, we can help you perform an action to quiet title, which will increase the value and liquidity of the real estate by creating a clean title. Contact us to help you with your quiet title action or any real estate law issue.
If you need a deed drafted, it’s important that you get the correct type of deed to file with the county. Different types of deeds are required for different types of transactions. You may need a quitclaim deed, personal representative deed, limited warranty deed or deed in lieu. We can help you determine which deed is appropriate and then get it drafted and properly filed.
HOA AND CONDOMINIUM FORMATION AND DOCUMENTATION
If you need to form a Colorado Common Interest Community, including a homeowners’ association or condo association, we can help. We can draft the formation documents and file them with the correct government agencies so that covenants and assessments can be levied enforced.
H.A. Phillips Law has a reputation for being a trustworthy, service-oriented law firm that is more interested in your success in real estate than billable hours. Contact us to discuss your real estate law needs.
“The level of service and the honesty that comes with Heath doesn’t exist anymore in other law practices. For example, during a litigation process, Heath told us that the legal fees involved would not be worth the outcome. Instead of letting us rack up legal bills, he advised us to walk away and save ourselves a lot of money. What lawyer gives up an opportunity to bill clients? Heath is an honest attorney.”
Kenny Lombardi, Vice President, Center Land Properties