Bob Massi and the Experts Don't Know What To Do

The Experts Don’t Know What To Do

On Thursday, June 2, 2016, I happened to catch this on Fox & Friends morning show.

In the “Property” segment, Brian Kilmeade read select questions to Bob Massi, “The Property Man” (frequent and regular contributor on Fox News).

Here’s the letter and question to Massi:

My divorce is about to be settled. The loan on our home is $155k, present value is $700k. How do I get my name off the loan? -Chris

Here is Massi’s response:

Well you would think that if in fact, unfortunately, went through this divorce the way that this home was going to be disposed of should have been handled in the divorce decree. In other words, a lot of time when people get divorced, they say the house has to be sold or refinanced because even if you give the other spouse, Brian, the house by way of the deed, you’re still on that original loan. As a matter of fact we did one of these stories on “Property Man” so I’m sure they have a competent lawyer if in fact…their name is still on the mortgage they’re going to have to do something about going back into court if that’s going to be the appropriate way to do it in order to get their name off, sell the home [or] refinance it. Otherwise that debt stays with them even though they transfer that title to their ex-spouse that debt still stays with them until it’s refinanced or sold.

Notice phrases like

…they’re going to have to do something…

…if that’s going to be the appropriate way to do it…

…I’m sure they have a competent lawyer…

Bob Massi got it half right. The half that states the problem, he got right. But, the important half – what to do, how to help this divorcing client, the solution to the problem, the answer to his question – Bob had no idea.

Basically, Mr. Massi states the problem accurately – “that debt still stays with them until it’s refinanced or sold.” But, he effectively says he has no idea how to help people get this done. And, it’s not because Massi is stupid or untalented as a lawyer.

He did what I see many in the family law community do all the time – throw their hands up and say “I don’t know what to do….call your bank or mortgage company and….uh, good luck.”

Tell you what, I’ll take the blame –

• I haven’t spread the word quickly enough and widely enough.
• I haven’t exposed the family law community to the solutions that I’ve been implementing on behalf of your clients for nearly 14 years now.
• I’ve been sleeping too much and not working hard enough. (Riiiiiight).

It’s my fault that Bob Massi doesn’t know me. J

Today, I pledge myself to “put the pedal to the metal” and get the word out and help as many in the divorce community as humanly possible. I’ll see you in San Antonio hopefully and we’ll talk about it then.

OK, here’s the quickie solution. But remember, the only sure solution is a ten digit number:

972-724-2881

or my mobile # 817-454-4555.

1. Effectively requiring refinancing on the part of the grantee (within a reasonable period of time). This is done by providing for the listing of the property for sale if its mortgage is not refinanced within a reasonable period time. (see my blog)
2. Providing recourse for the grantor still holding that joint debt (generally with a Deed of Trust to Secure Assumption….with its shortcomings and all).
3. Obtain a bona fide Assessment and loan approval (complete with underwriting approval and appraisal performed/reviewed) from a Divorce-Lending Specialist trained by The Mortgage Institute BEFORE final divorce. This goes beyond what SHOULD be done and deals with the practical matter of what CAN be done and WHEN it WILL be done. It deals with what I do – turning white paper into green money.

Without #3, all you have is a “just and equitable” settlement on white paper. But, you don’t have green money in a bank account. Your clients will be so much happier if you make sure they get the green.

And remember – if Owelty funds are being produced, there’s never a reason for an attorney to go unpaid.

Somebody introduce me to Bob Massi.

Thanks for reading.

Noel Cookman

[email protected]

817-454-4555