Legal Question in Real Estate Law in Colorado
I hold a senior lien on a bank-owned vacant residential property. The lien is against the bank with the property as collateral. The amount of the lien exceeds the assessed value of the property and the asking sale price by quite a lot. Rather than force a sale to collect, I would rather have the property conveyed to me by quitclaim deed. The bank ignores all certified communications on this matter. How do I get the keys and deed to this property?
1 Answer from Attorneys
I apologize for giving this answer, but here it is: This is too big of a question and the number of variables that make up this situation make it nearly impossible to presume a reasonable scenario. For example; you state that you hold a lien in first position, but what other liens are on the property? There are liens that can be granted a "super priority" status over any existing liens because of a special relationship or purpose of the lien. You also state that the lien is against the bank. Do you mean that the bank granted you a security interest in property, or do you have a lien from another source, e.g., HOA assessment lien, that is against the bank's interests?
If you want a merchantable title, you're going to need to consult with an attorney to explore all of the possible options.