Legal Question in Real Estate Law in Colorado

I have a special warranty deed on a Colorado timeshare we sold in 2012. The deed is dated May 11, 2012 and was recorded by the county the timeshare is located in. The transfer of the property and deed were prepared by a title company based in Tennessee. The deed was signed by all parties involved and notarized. We have been receiving invoices from the timeshare company saying we owe 2013 maintenance fees. I faxed a copy of the warranty deed to them in January, 2013 to show the timeshare was transferred to another person. The timeshare company is telling me that the warranty deed was not completed completely at the time of the transfer (it shows unit 202, instead of unit 202-B and the season was not shown on the deed). If the timeshare has been transferred out of my name and into someone else's (her name and address are on the warranty deed), then what can I do to rid myself of this problem? Thank you for the response


Asked on 3/06/13, 9:09 pm

1 Answer from Attorneys

Dave Rich Flatiron Legal Advisors, LLC

You might start by speaking with the title company - you paid them to get the deed right. They may be able to prepare and record what is known in Colorado as a "CONFIRMATORY DEED CORRECTING ERROR IN PRIOR DEED" to fix the errors. You also could have a Colorado attorney assist you.

The grantor and the grantee both will need to sign and notarize the corrective deed and then it will need to be recorded in the county where the property is located. It usually takes me less than an hour to draft a corrective deed; let me know if you would like further assistance.

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Answered on 3/06/13, 9:32 pm


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