Call Us: 972-724-2881
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. […]

Read More
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, […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
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 […]

Read More
Can An Owelty Lien Be Implied?: The Story of a Post Divorce Miracle

  So, I’m a problem solver, right? That means I attract problems…so I can solve them. I get this email not long ago. Hi Noel, I recently was divorced, and I have been having all sorts of issues getting refinanced. Apparently, though my divorce decree stipulates that I am to be awarded the property and […]

Read More
Why Avoid Using an Owelty Lien to Secure Interest?

I have committed to providing real-world, real-time, real-case answers to family law attorneys’ questions regarding home financing and divorce.  It’s a labor of love. But, it’s how I “pay it forward.” Attorneys will often, then, refer their clients to me so that they can actually close their loan (for refinancing with or without buyouts and […]

Read More
1 29 30 31 32 33 39
Copyright ©2020 The Mortgage Institute