Your appraisal doesn’t matter - it just doesn't. This bears repeating. No appraisal ordered by parties, attorneys, the court, a mediator…by any person or entity OTHER THAN THE LENDER can be used in a lending determination. That simply means that – if someone needs to get mortgage financing for their buyout - all other appraisals are […]

So, you thought properties were expensive where you live. Check out what $350,000 can buy you in San Francisco: http://fusion.net/story/199332/this-is-what-a-350000-house-in-san-francisco-looks-like/ I’ve seen so much of this recently, I felt compelled to write about it. I believe we could save divorcing homeowners millions of dollars in unnecessary expenditures – specifically appraisal costs. And, it’s so simple […]

I took a little “rabbit trail” last week with the Deed of Trust To Secure Assumption – what it does and does not do. Concerning the topic, Removing Ex-Spouse From Mortgage Liability, I have one more thought that can save the day for tens of thousands of Texans each year. And, speaking of “saving the […]

The Deed of Trust to Secure Assumption – What it does and does not do....and how to solve a conundrum Let’s understand once and for all what a Deed of Trust to Secure Assumption (DTSA) is and is NOT. I got in trouble while giving my course on Owelties by saying, the DTSA, while always […]

I left you, last newsletter, with the cliff hanger… “Next week, Part II – Is there ever a reason why the grantee (of a property mortgaged by the grantor) should not be required to refinance the debt in order to extinguish the grantor’s liability?” Well, I’ve thought about it. Actually, I’ve thought about it a […]

Subtitle: Do you have to refinance in order to remove a spouse from the liability? Sub Subtitle: The New York Times gives more bad advice   Sub Title to the Sub Subtitle: The Elusive Assumption of Liability Here's some very bad advice from the NYT: http://www.nytimes.com/2011/04/10/realestate/10mortgages-refinancing-divorce.html?_r=0 Why don’t they have me write their stuff? Geez! […]

  Elements in an Owelty Lien Last week, we began discussing the elements in a divorce settlement that create an Owelty – a financeable Owelty lien. I took a short "rabbit trail" to point out certain factors that would derail the proper creation of an Owelty and thus make a buyout that would be severely […]

  Elements in an Owelty Lien I am going to show the basic elements that create an Owelty interest and, thus, a financeable lien on a homestead property. But first things first.   Always remember the foundational axiom - it costs you nothing for me (and my title gurus) to review your decree (or Special […]

Perhaps no other topic that I address triggers the interest amongst family law attorneys as does the famous Owelty lien. I think I know why. It’s a bit of a mystery. But, why is it a mystery? Lawyers are known for their ability to understand complicated and complex issues and to, not only make sense […]

This Is Why It Is Important For Me To Preview Drafts of the Divorce Decree Last week, I discussed why every word in a borrower’s decree is read, reviewed and underwritten. The assignment of debtwas the key illustration and element in the first reason why I PRE-underwrite (review prior to finalization of divorce) drafts of […]