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Divide Ranch & Club Under Lis Pendens

By
Real Estate Agent with ERA Four Corner Real Estate

Lis Pendens...Tortious Interference....Motion to Expunge...Slander of Title...what did I miss?

These are all terms that we here in Ouray County will more than likely here more of in the coming months.

Once again it seems that the old clubhouse owners, Norm Wigginton and Rebecca Gold, are doing everything they can to muddy the waters for our golf resort on the mesa. On Tuesday, September 30th, they filed lis pendens against the entire Divide Ranch & Club resort.

Lis Pendens - "A recorded legal document that gives constructive notice that an action affecting a particular piece of property has been filed in a state or federal court. A person who subsequently acquires and interest in that property takes it subject to any judgment that may be entered; that is, a pendente lite (pending a lawsuit) is bound by the result of the lawsuit."  -Language of Real Estate 5th Edition

New Clubhouse

I shared this news with one of my clients and good friends who owns a builing lot in the development. His response was, "Well that shouldn't hold things up for long. If the development wanted to they could turn right around and file tortious interference against Norm and Rebecca."

It is true that Lis Pendens doesn't immediately keep individual buyer's and seller's from doing business in the development. A buyer could still move forward with a purchase, and a seller still has the right to sell to that buyer. However, the title will be clouded until the court case is settled. Also, it is a huge matter of disclosure on the side of the seller, and the agents representing them.

To muddy the waters further, Norm and his wife are in the middle of a divorce. Also, a proceeding with an appeal to overturn the Colorado Court of Appeals decision in August was file by Norm and Rebecca. To read that article click here.

So this legal mess is just about as muddy as it can get. Hopefully the judge overseeing Norm and Rebecca's appeal of the Colorado Court of Appeals decision will deny it. If that happends they might be inclined to withdraw the lis pendends, or in legal terms, file a "motion to expunge".

I supposse the overall message here is eveyone needs to be patient, and informed, as these matters move forward. It would be a total tragedy to see the Divide Ranch & Club development not move forward because of what appears to be legal action without a lot of substance. Also, if you are looking to buy or sell in the Divide Ranch resort you will at the very least need a competant real estate broker to represent you. Of course, as always, that is what I am ultimately here for. However, even further, I am advising my clients to seek expert legal advise under these conditions.

Stay tuned as I will make every effort to keep you up to date on the events.

Comments (1)

Anonymous
Reality

Norm and Rebecca were never married you imbecile. Norm died about 4 years ago. Are you happy now, ignorant bigot?

Mar 16, 2016 04:38 PM
#1