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The Owelty Lien in a Co-Heir Buyout

DID YOU KNOW THE OWELTY LIEN CAN ALSO BE CREATED FOR A CO-HEIR BUYOUT? Pass this on to your probate and estate planning attorney friends. For that matter, get this information to anyone who is or is going to be an heir of a family homestead. Even though the Owelty lien is most often thought […]

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Don't Let Insurance Companies Punish You Because You're Divorced

This blog is usually written to family law attorneys. But, this post is more broad. Attorneys, divorced/divorcing homeowners, financial planners and more can benefit from this simple information. I was quite surprised. I’d never paid close attention to insurance. My field is mortgage financing for divorcing home owners and buyers. I just had good agents […]

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Can I Secure Contractual Alimony with an Owelty Lien (Divorce Buyout)?

I get this once in a while. Can I secure alimony (spousal maintenance, contractual alimony, whatever) with an *Owelty lien? For family law attorneys in all states other than Texas (like California where I was just licensed to do mortgage loans), the principle and idea is the same. See footnote for explanation of the Owelty. […]

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How To Structure and Document Support Income in Divorce

“Hi Noel,” writes one of the most awesome family attorneys in Texas, “do you have a quick email or blog you could point me to that I could show my client re: the general structure of how child support and alimony would factor into giving  a non-monied spouse the ability to refinance a home?” Well, […]

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What an Owelty is NOT

 Did Someone Just Conflate the Special Warranty Deed with Encumbrance for Owelty of Partition with the Deed of Trust to Secure Assumption? Have you ever seen this? A total misunderstanding and misapplication of the Owelty lien. This scenario illustrates what the Owelty lien IS NOT. And, using definition by negation, perhaps we can clarify even […]

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Owelty Documents Tool Kit #6 - The Proceeds Allocation Letter

Here are the Tools in the Owelty Documents Tool Kit The Divorce Decree The Owelty Deed of Trust The Special Warranty Deed with Encumbrance for Owelty of Partition The Owelty Real Estate Lien Note The Release of Owelty Lien The Proceeds Allocation Letter The Check Written to You ? I shall discuss the last two […]

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Owelty Documents Tool Kit #5 – The Release of Owelty Lien

Remember, here are the Tools in the Owelty Documents Tool Kit The Divorce Decree The Owelty Deed of Trust The Special Warranty Deed with Encumbrance for Owelty of Partition The Owelty Real Estate Lien Note The Release of Owelty Lien The Proceeds Allocation Letter The Check Written to You ? Brief Lien Theory and Practice […]

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Owelty Documents Tool Kit #4 – The Owelty Real Estate Lien Note

Here are the Tools in the Owelty Documents Tool Kit The Divorce Decree The Owelty Deed of Trust The Special Warranty Deed with Encumbrance for Owelty of Partition The Owelty Real Estate Lien Note The Release of Owelty Lien The Proceeds Allocation Letter The Check Written to You ? Here’s my theory – totally based […]

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Owelty Documents Tool Kit #3 – The Special Warranty Deed with Encumbrance for Owelty of Partition

Here are the Tools in the Owelty Documents Tool Kit The Divorce Decree The Owelty Deed of Trust The Special Warranty Deed with Encumbrance for Owelty of Partition The Owelty Real Estate Lien Note The Release of Owelty Lien The Proceeds Allocation Letter The Check Written to You ?   Short names for the Special […]

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Owelty Documents Tool Kit #2 – The Owelty Deed of Trust

Here are the Tools in the Owelty Documents Tool Kit The Divorce Decree The Owelty Deed of Trust The Special Warranty Deed with Encumbrance for Owelty of Partition The Owelty Real Estate Lien Note The Release of Owelty Lien The Proceeds Allocation Letter The Check Written to You ?   There is still confusion and […]

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