Legal Question in Real Estate Law in Colorado

Oral statements and written provisions

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

web site http://effectnet.com/la/

email: [email protected]

LawGuru User

Dear LawGuru User:

I do not have enough information from what you have told me to give a definitive answer to your question. Absent fraud, oral statements that precede or are contemporaneous with the signing of a document do not overrule or modify a document. This is a long standing legal principle called the "Parol Evidence Rule." In other words, if you signed documents which varied from the statements made to you before your signed, the mortgage documents, not the statements, govern.

If false statements were made before you signed the mortgage papers which induced you to sign the documents, and if without hearing those statements you would not have signed, then you may be able to prove fraud. My question would be, did anyone else overhear these statements? How can you prove they were made?

I know a great deal about mortgages, closings and real estate, and I have assisted consumers in asserting themselves in transactional matters, but I do not do trial work. If you wish to proceed to court on the fraud claim, you will need to contact a litigator.

Thank you for contacting LawGuru.

Sincerely,

Louise Aron

web site http://effectnet.com/la/

email: [email protected]