Current Real Estate Topics

Have a current title issue or just want to stay informed? Find articles on current real estate topics, most of which are written by our General Counsel.  We frequently add new material, so keep checking in.

New Colorado Contract to Buy and Sell Real Estate for 2019

This article is intended for educational purposes only and not as legal advice. The Colorado Contract to Buy and Sell Real Estate which is mandatory for use by licensed real estate agents is typically modified every two years; however, if there is a change in the ...
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Class Action May Cause Major Changes Regarding How Buyer Agents are Paid in the United States

By Michael Selinfreund, Esq.
President/General Counsel of Cherry Creek Title Services, Inc.
Agent for Commonwealth/Fidelity & First American On March 6, 2019, a Class Action lawsuit was filed in the United States District Court for the Northern District of Illinois, where the National Association of Realtors ...
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Selling Your Home “For Sale by Owner”

Cherry Creek Title has specialized in “For Sale by Owner” transactions for over 20 years. We have a well experienced staff including 2 staff attorneys to lend their expertise for you during every step of your closing so you can feel content with your choice to ...
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FSBO Tips On Filling Out the Colorado 2019 Contract To Buy And Sell Real Estate (Residential) Form CBS 1-6-18; Mandatory 1/1/19 for Licensed Agents.

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc., Agent for Commonwealth/Fidelity & First American Please note this is a revised article written in 2016
2019 UPDATE on FSBO TIPS The new Colorado residential real estate contract, which is mandatory for ...
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How to Develop Hacker-Proof Passwords

With all the publicity about cyber fraud, many people are rethinking their online security and trying to come up with hacker -proof passwords.  Is there really such a think as “hacker-proof”?  At the very least, you have better odds that  a hacker is unable to gain ...
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Don’t Be Spoofed!

You have read the warnings: “Don’t wire funds in response to an email without using call-back procedures!” Always call the party who appears to have sent the email for confirmation using a “safe” or know phone number. What happens if you receive a phone call from ...
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Tips to Identify Valid and Suspicious Emails

The most common signs of suspicious signs to look for before opening your emails and clicking on any link are:

  • Incorrect Grammar/Spelling/Text Body

Many phishing email contain misspellings. Some of
these messages have been poorly translated from other languages. Additionally, you will want to ...
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Judicial Foreclosure in Colorado

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc., Agent for Commonwealth/Fidelity & First American The majority of foreclosures in Colorado involve deeds of trust foreclosed through the Public Trustee. Colorado’s Public Trustee system is unique to Colorado. Any mortgage can be judicially ...
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Protecting Your Funds From Wire Fraud During Real Estate Transactions

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc., Agent for Commonwealth/Fidelity and First American Recently, the number of incidents of wire theft in real estate transactions has risen dramatically. Wires of buyer’s funds to close and seller’s proceeds are being hijacked all the ...
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Protect Your Money From Wire Fraud When Buying a Home

Wire Fraud is Real – learn how to prevent wire fraud happening to you by watching this video presentation by First American Title Summary ...
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Protecting Your Purchase Funds and Sale Proceeds from Wire Fraud in Real Estate Transactions

 By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc., Agent for Commonwealth/Fidelity & First American Recently, the number of incidents of wire theft in real estate transactions has risen dramatically. Wires of buyer’s funds to close and seller’s proceeds are being hijacked all ...
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Insuring Beneficiary Deeds in Colorado – How This May Affect Your Next Real Estate Transaction

When providing title insurance on a property where there is a Beneficiary’s Deed involved, there is now a waiting period of 4 months after the date of the death of the grantor of a Beneficiary Deed is because the real property is subject to claims.  There ...
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Effective Tips for Avoiding Being a Victim of Identity and Financial Fraud

By Michael Selinfreund, Esq. President/General Counsel of Cherry Creek Title Services, Inc. Agent of Commonwealth/Fidelity and First American A credit freeze is a very effective and free tool to avoid being a victim of identity fraud.  It costs nothing; lasts for seven years, and you can ...
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Dodd-Frank Stands in the Way of Parents Seeking to Provide Purchase Money Residential Mortgages for Their Children

By Michael Selinfreund, Esq President/General Counsel of Cherry Creek Title Services, Inc. Agent of Commonwealth/Fidelity & First American The Dodd-Frank Wall Street Reform Act, found at 12 U.S.C. 5301 – 5641, passed by Congress and signed into law on July 1, 2010 by President Obama precludes ...
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It’s Real Property Tax Lien Auction Time for Unpaid 2015 Real Property Taxes in Colorado

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc. Agent for Commonwealth/Fidelity & First American Colorado real property tax lien sales are governed by Articles 11 and 12 of C.R.S. Title 39. Now is the time visit the websites of the respective county ...
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Get it in Writing! Real Property Ownership Co-Tenancy Agreements including Video Presentation

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc., Agent for Commonwealth/Fidelity & First American When people typically think of co-tenancy agreements, they think of them in the context of leasehold interests.  The lack of co-tenancy agreements in many ownership scenarios leads ...
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FSBO Tips! Requirements for The Sellers Residential Property Disclosure

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc., Agent for Commonwealth/Fidelity & First American Colorado state law requires certain disclosure requirements in a residential sale which include at a minimum, the following:

  • if true, that the property is part of ...
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An Overview of Colorado Mechanics Liens Laws Part 2 of 2

By Michael Selinfreund, Esq. President/General Counsel of Cherry Creek Title Services, Inc. Agent for Commonwealth/Fidelity and First American All mechanics liens relate back to the time of the commencement of work under the contract between the owner and the first contractor, or, if said contract is ...
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An Overview of Colorado Mechanic’s Lien Laws Part 1 of 2

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc. Agent for Commonwealth/Fidelity and First American Mechanic’s lien laws were created for the benefit and protection of those that provide labor, materials or services in order to enhance the value or condition of another’s ...
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Equitable Subrogation in Colorado

By Michael Selinfreund, Esq.,  President/General Counsel of Cherry Creek Title Services, Inc. Agent for Commonwealth/Fidelity and First American  Equitable subordination is an equitable remedy that in certain circumstances allows a new lender who pays off an existing loan to retain the benefit from the payoff lender’s ...
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Homebuyers Guide to the Home Buying Process

If this is your first time buying a home, follow this comprehensive guide to the home buying process:
Homebuyers Guide Through the Home Buying Process ...
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First Time Home Buyer Facts

Buying a home for the first time can be overwhelming. Our knowledgeable professionals can answer your title and closing questions and we are committed to making the home-buying experience a satisfying one for you. To help you begin your journey, here are some answers to a ...
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FSBO Tips On Filling Out the Colorado 2016 Contract To Buy And Sell Real Estate (Residential) Form CBS1-6-15; Mandatory 1/1/16 for Licensed Agents.

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc. Agent for Commonwealth/Fidelity and First American  WATCH THIS 5 PART SERIES for detailed instructions on filling out your purchase contract! This article has been updated for 2019, Click Here for details. The goals ...
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8. CLOSING DAY! Checklist for a Successful Closing

VALID PHOTO IDENTIFICATION
Two forms of identification are typically required at closing, including one of the following:
— Valid U.S. Driver’s License or non-driver I.D.
— Valid Canadian or Mexican Driver’s License issued by the
Official Agency
— Current United States or Foreign Passport
Foreign Passport ...
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Mail Away Closing Tips

Closing on time and to accommodate all parties involved in your closing, we may have to mail out closing documents. If you are involved in a closing that requires the mailing of documents, here are some tips to avoid delays:

  • Inform your closing/settlement agent of the ...
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5. What is Title Insurance?

As real estate is the nation’s largest market, its purchase and sale is essential to the health of the U.S. economy. However, these transactions are never without risk. That’s why title insurance has been protecting American homeowners for more than 130 years. Overview:
When a piece ...
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7. What is Escrow?

“Escrow” is a term that describes the neutral third-party handling of funds, documents, and tasks specific to the closing (or
settlement, as it is also known), as outlined on the real estate purchase agreement or sales contract. The purpose of escrow is to facilitate the transaction by managing the disbursement of funds ...
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6. Why Get Title Insurance?

Have you ever wondered why you need title insurance? Every property has a history and a thorough title search can help uncover any title defects tied to your property. And, subject to the terms of the policy, your title insurance provides protection for you from title problems ...
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Re-Affirmation of Mortgages in Bankruptcy

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc. Agent for Commonwealth/Fidelity & First American A reaffirmation agreement is a document signed by the debtor and creditor in which they agree that a debt is not discharged in bankruptcy.  To be effective, Reaffirmation ...
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Colorado Non-Resident Real Estate Sale Withholding Requirements

By Michael Selinfreund, Esq., President/General Counsel of Cherry Creek Title Services, Inc., Agent for Commonwealth/Fidelity & First American  Colorado imposes a withholding requirement on corporations that do not maintain a permanent place of business in Colorado, and non-resident individuals, estates and trusts on the sale ...
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