Jordans Cassino Emails On Buying .4 acres
Below are 5-6 emails from 7/31/2015 to current between the Jordans and Cassino on this matter
From: Marcus Jordan <[email protected]> Sent: Thursday, February 18, 2016 7:39 PM
To: Lance Cassino
Cc: Leigh Ann Jordan
Subject: Re: a courtesy heads up our property encroachment stalemate
Lance,
As in past discussions, emails and meeting with you, Bob Feroldi and Jefferson County Planning & Zoning, we are happy to reconcile this perceived issue. We are more than happy to work with Bob Feroldi, with Evergreen Surveying and Jefferson County Planning and Zoning to work on a reasonable land swap. As stated in the meeting with Jefferson County Planning & Zoning, getting a variance from the 5 acre minimum would not be an issue.
Please feel free to contact us when you have availability to meet with the county and a surveyor to revisit the perceived issue.
We are more than happy to work on a reasonable solution that will work for both you and us.
Thanks,
Marc and Leigh Ann Jordan
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On Feb 13, 2016, at 11:11 AM, Lance Cassino <[email protected]> wrote:
Hello Marc and Leigh Ann,
This is just a courtesy heads up our property encroachment stalemate.
In the recent weeks I have met with several real estate litigating attorneys/law firms on the encroachment of your home on my vacant parcel – after they previously reviewed www.CassinovJordans.weebly.com.. I have found the attorney I want if needed.
This is one more chance to resolve this between us - without my additional new attorney’s fees added to Jordan Porters fees so far - before I put down another retainer 2/26 of several thousand dollars on a case that will cost possibly $10-15,000 or more to litigate in the lower court excluding cost of any appeal. This additional attorney/law firm will assist Jordan.
Spring is near. It would be great if we could get this behind us without the continued stress we share.
Lance Cassino
303-838-0221
www.YourCaseSite.com
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To: Lance Cassino
Cc: Leigh Ann Jordan
Subject: Re: a courtesy heads up our property encroachment stalemate
Lance,
As in past discussions, emails and meeting with you, Bob Feroldi and Jefferson County Planning & Zoning, we are happy to reconcile this perceived issue. We are more than happy to work with Bob Feroldi, with Evergreen Surveying and Jefferson County Planning and Zoning to work on a reasonable land swap. As stated in the meeting with Jefferson County Planning & Zoning, getting a variance from the 5 acre minimum would not be an issue.
Please feel free to contact us when you have availability to meet with the county and a surveyor to revisit the perceived issue.
We are more than happy to work on a reasonable solution that will work for both you and us.
Thanks,
Marc and Leigh Ann Jordan
------------------------------------------------------------------------------------------------------------------------------------------------
On Feb 13, 2016, at 11:11 AM, Lance Cassino <[email protected]> wrote:
Hello Marc and Leigh Ann,
This is just a courtesy heads up our property encroachment stalemate.
In the recent weeks I have met with several real estate litigating attorneys/law firms on the encroachment of your home on my vacant parcel – after they previously reviewed www.CassinovJordans.weebly.com.. I have found the attorney I want if needed.
This is one more chance to resolve this between us - without my additional new attorney’s fees added to Jordan Porters fees so far - before I put down another retainer 2/26 of several thousand dollars on a case that will cost possibly $10-15,000 or more to litigate in the lower court excluding cost of any appeal. This additional attorney/law firm will assist Jordan.
Spring is near. It would be great if we could get this behind us without the continued stress we share.
Lance Cassino
303-838-0221
www.YourCaseSite.com
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Jordans email rejecting Cassino offer to sell .4 acres of land 10/15/2015
From: Leigh Ann Jordan <[email protected]> Sent: Thursday, October 15, 2015 11:11 AM
To: Lance Cassino
Subject: RE: we are not interested in buying land. We are only agreeable to the minor adjustment
Lance,
I want to remind you that the County would approve the 4.7 acres as being a build-able site. Please refer to Bob Feraldi if you are not clear about this.
Leigh Ann Jordan
Date: Thu, 15 Oct 2015 10:12:35 -0600
Marc and Leigh Ann,
Regarding your “we are not interested in buying land. We are only agreeable to the minor adjustment”, I was willing to listen to the minor adjustment option. After learning of the details and costs and the worthless land I would be getting it was a no go after discussing this with several attorneys before retaining Jordan Porter.
My family does not like it one bit either and I do not go against my family for this reason:
The 5.1 acres is health/long term care insurance for my 90 year old mother and 64 year old handicapped brother who lives with her in Littleton, CO. Both have health issues and require in home CAN’s which is expensive. That is why it has been listed for sale for $145,000 the last several years with Keller Williams. This matter needs to be cleared up legally before I am able to sell it realistically. A potential buyer does not want to have a pending major legal problem included from the get go. They need proof via a minor adjustment that the remaining 4.7 acres can have a home built on it.
These are the remedies for an encroachment:
1. To begin with, you can, and probably should, talk to your neighbor about it. He might be able to move the structure, or you might come to some alternate arrangement. Resolving any disputes out of court can save both of you legal fees, as well as the stress of hiring attorneys and going to court.
2. If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry.
3. If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed. This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action."
Number 1 is out. Number 2 has just been ruled out by you.
So onto Number 3. or it’s equivalent soon.
Sincerely,
Lance Cassino
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From: [email protected] To: [email protected]
CC: [email protected]
Subject: RE: Jordans case spoke with their attorney. He said they want to deal with us directly
Date: Wed, 14 Oct 2015 17:26:25 -0600
Lance,
Marc and I received your information and we are not interested in buying land. We are only agreeable to the minor adjustment we worked on with you, the Mankins and Bob Feroldi. Please understand we were very gracious to work on a solution with Bob Feroldi and the county on your behalf. Having said that, the minor adjustment is the only solution we are able to agree to.
Kindest Regards,
Leigh Ann Jordan
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From: [email protected] To: [email protected]; [email protected]
Subject: Re: Jordans case spoke with their attorney. He said they want to deal with us directly
Date: Wed, 14 Oct 2015 08:44:02 -0600
Hello Marc and Leigh Ann,
It will be 3 years next month on this issue. I've been very tolerant so far, but need to resolve this one way or the other very soon or unfortunately will be required to take further actions, costing money that I will ask to be paid by you.
What do you want to do?
Sincerely,
Lance Cassino
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From: Craig Marks [email protected] Sent: Friday, July 31, 2015 3:42 PM
To: Lance Cassino
Subject: RE: will contact Craig Marks to get 1 of 3 broker estimates of the value of the 5.1 vacant acres
Lance ,
Attached is CMA for your 5 acres
I would suggest that your list price of $145,000 is accurate
Craig
To: Lance Cassino
Subject: RE: we are not interested in buying land. We are only agreeable to the minor adjustment
Lance,
I want to remind you that the County would approve the 4.7 acres as being a build-able site. Please refer to Bob Feraldi if you are not clear about this.
Leigh Ann Jordan
Date: Thu, 15 Oct 2015 10:12:35 -0600
Marc and Leigh Ann,
Regarding your “we are not interested in buying land. We are only agreeable to the minor adjustment”, I was willing to listen to the minor adjustment option. After learning of the details and costs and the worthless land I would be getting it was a no go after discussing this with several attorneys before retaining Jordan Porter.
My family does not like it one bit either and I do not go against my family for this reason:
The 5.1 acres is health/long term care insurance for my 90 year old mother and 64 year old handicapped brother who lives with her in Littleton, CO. Both have health issues and require in home CAN’s which is expensive. That is why it has been listed for sale for $145,000 the last several years with Keller Williams. This matter needs to be cleared up legally before I am able to sell it realistically. A potential buyer does not want to have a pending major legal problem included from the get go. They need proof via a minor adjustment that the remaining 4.7 acres can have a home built on it.
These are the remedies for an encroachment:
1. To begin with, you can, and probably should, talk to your neighbor about it. He might be able to move the structure, or you might come to some alternate arrangement. Resolving any disputes out of court can save both of you legal fees, as well as the stress of hiring attorneys and going to court.
2. If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry.
3. If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed. This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action."
Number 1 is out. Number 2 has just been ruled out by you.
So onto Number 3. or it’s equivalent soon.
Sincerely,
Lance Cassino
---------------------------------------------------------------------------------------------------------------------------
From: [email protected] To: [email protected]
CC: [email protected]
Subject: RE: Jordans case spoke with their attorney. He said they want to deal with us directly
Date: Wed, 14 Oct 2015 17:26:25 -0600
Lance,
Marc and I received your information and we are not interested in buying land. We are only agreeable to the minor adjustment we worked on with you, the Mankins and Bob Feroldi. Please understand we were very gracious to work on a solution with Bob Feroldi and the county on your behalf. Having said that, the minor adjustment is the only solution we are able to agree to.
Kindest Regards,
Leigh Ann Jordan
------------------------------------------------------------------------------------------------------------------------------------------
From: [email protected] To: [email protected]; [email protected]
Subject: Re: Jordans case spoke with their attorney. He said they want to deal with us directly
Date: Wed, 14 Oct 2015 08:44:02 -0600
Hello Marc and Leigh Ann,
It will be 3 years next month on this issue. I've been very tolerant so far, but need to resolve this one way or the other very soon or unfortunately will be required to take further actions, costing money that I will ask to be paid by you.
What do you want to do?
Sincerely,
Lance Cassino
-----------------------------------------------------------------------------------------------------------------------------------------------
From: Craig Marks [email protected] Sent: Friday, July 31, 2015 3:42 PM
To: Lance Cassino
Subject: RE: will contact Craig Marks to get 1 of 3 broker estimates of the value of the 5.1 vacant acres
Lance ,
Attached is CMA for your 5 acres
I would suggest that your list price of $145,000 is accurate
Craig
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FindLaw » Learn About The Law » Real Estate Law » Neighbors »
What Can You Do About an Encroachment?
Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property.
You might decide that your neighbor's encroachment doesn't bother you and do nothing about it. This option has the advantage of preserving good will between you and your neighbor. However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision.
Remedies for an Encroachment
Fortunately, there are number of ways to handle an encroachment. However, before you do anything, make sure you know where the boundaries of your property are. You are about to begin discussions with your neighbors, and do not want to cause any ill will over mistaken boundaries.
Next Steps
Contact a qualified attorney to help you address difficulties with your neighbors.
FindLaw » Learn About The Law » Real Estate Law » Neighbors »
What Can You Do About an Encroachment?
Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property.
You might decide that your neighbor's encroachment doesn't bother you and do nothing about it. This option has the advantage of preserving good will between you and your neighbor. However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision.
Remedies for an Encroachment
Fortunately, there are number of ways to handle an encroachment. However, before you do anything, make sure you know where the boundaries of your property are. You are about to begin discussions with your neighbors, and do not want to cause any ill will over mistaken boundaries.
- To begin with, you can, and probably should, talk to your neighbor about it. He might be able to move the structure, or you might come to some alternate arrangement. Resolving any disputes out of court can save both of you legal fees, as well as the stress of hiring attorneys and going to court. If you and your neighbor decide to leave the encroachment in place, you may consider giving them written permission to use your property. This can prevent a later claim of adverse possession.
- If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry. It is usually a good idea to contact your mortgage lender before such a sale, in order to make sure all the land records are accurate and up to date. A local real estate attorney can help you get all these documents in order.
- If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed. This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action." This is a long process and usually (not surprisingly) does not encourage a good relationship with your neighbors. To make matters worse, you might lose. If your neighbor has been improperly using your land for some time, he could succeed in an adverse possession action, or, more likely, get the court to grant him the right to limited use of the property (known as a "prescriptive easement").
Next Steps
Contact a qualified attorney to help you address difficulties with your neighbors.
Defendant accountability/responsibility/insurance policy chronologically:
Cedar View Homes, Inc. - not verifying property lines/builders risk insurance policy claim.
Larry Jepsen - not verifying property lines/builders risk insurance policy claim.
Barta & Associates - not verifying property lines/business risk insurance policy claim..
Julia Purrington - not verifying property lines/E&O insurance policy claim.
Dania Guth - not recommending a title insurance policy/E&O insurance policy claim.
Marc and Leigh Ann Jordan - not buying a title insurance policy/homeowners insurance policy cl;aim/lien in land records.
Cedar View Homes, Inc. - not verifying property lines/builders risk insurance policy claim.
Larry Jepsen - not verifying property lines/builders risk insurance policy claim.
Barta & Associates - not verifying property lines/business risk insurance policy claim..
Julia Purrington - not verifying property lines/E&O insurance policy claim.
Dania Guth - not recommending a title insurance policy/E&O insurance policy claim.
Marc and Leigh Ann Jordan - not buying a title insurance policy/homeowners insurance policy cl;aim/lien in land records.