I need advice from a Lawyer

We can put the money in an account with no problem just trying to find out if we do that is there any way the bum can charge us the 15% late fee for not sending it to him.

Also since in Colorado they do not have to put our deposit in escrow how can we get that back.

HappyCamper...I would contact Buyers Agent via pm. She may have many of the answers you seek.

Thanks everyone I was able to get most of my questioned answered late this afternoon.

How about sharing some of the answers......

Well the bank that is involved did not do what they should do which is set up a receivership, of course this bank did not. I played the card and just called and said that I know they do not own the property anymore and I need to know where to send rent(we are not sending rent and unless the bank tells us we owe it oh well).

I was told to hold my rent and they would try an find out for us but don't worry about sending a check right now (like I was going to worry).

Keep in mind had this bank setup a receivership we would not of had to send rent to this bum since April but I had no leg to stand on as there was no public record. Most foreclosures are running 6 months out before they hit public records.

What this means is the bum has been getting our money and not paying anything to the bank since April when the bank could have been collecting it (stupid bank).

Only thing right now that we could still lose is our deposit. Being a nebee in all of this by law if your commerciall lease does not state that the deposit is held in escrow it will not be. So for those of you who are signing leases commercial properties do not have to put your deposit in escrow.

The auction of our property was to be held yesterday but they postponed it for 2 weeks. We hope to get a new owner that will actually try and rent out the spaces that are available in the complex.

For those of you that would like more detailed info I would be happy to share but please email me at so I can tell you what I know and what I have learned.

Keep your fingers crossed that we do not lose the deposit.

I'm sorry I didn't see your post earlier, but glad you got the answers you needed.

Please note that consultation with an attorney, in the right area of law, through the Denver Metro Lawyer Referral Service costs $75 or is free if the case is contingent-appropriate or bankruptcy related. Their website says (among other things):

"Metro Denver/Boulder: 303-831-8000
Fort Collins: 970-226-2455
Toll Free: 877-283-8145

Hours: Monday-Friday, 9:00 AM to 5:00 PM

When you call the Metropolitan Lawyer Referral Service, an experienced referral counselor will speak with you first, in complete confidence, to help you determine what might be the most effective action to take in resolving your legal situation.

If we conclude that an attorney referral is appropriate, the next step depends upon the type of case that you have.

If you have called in connection with a matter that might normally be considered a “contingency fee” case--personal injury, wrongful termination, workers compensation or social security disability--or if you are considering filing for bankruptcy, you are entitled to a free referral...

For all other types of legal matters, you will be asked to prepay a modest, below market referral fee of $75 by credit or debit card.

Those paying the referral fee are entitled to an in-person initial consultation with our member attorney, either over the phone or face-to-face, depending upon your circumstances. After paying the fee, you will call the attorney to arrange a convenient time for this consultation...

If referral to an MLRS attorney is not appropriate, we will make every effort to provide you with a referral to a community service agency or other legal or governmental resource that may offer you affordable assistance."

I'm thinking that you might be able to sue the former owner in small claims to get the deposit back, especially if the new owner requires you to come up with another security deposit. Something to consider or look into further at least.