I still see confusion about the Owelty agreement and lien. It shows up from time to time in the decree and in the creation of the related real estate documents. I'm going to do a short series on how to properly create these document. Those docs are: The Divorce Decree The Owelty Deed of Trust The Special […]

Clouds on Title in Divorce – Can Judgments Hold Up Closing and How Does a Divorced Party Gain Control Over the Property’s Potential Sale? Here’s the case and the question. Husband and wife are divorcing. Wife will stay in jointly owned marital residence. Husband does not require a buyout immediately but desires to retain ownership […]

Today’s question comes from the awesome Lori Dally ([email protected]) of the great Seltzer & Dally Question: Hey Noel: Hope you are doing well! I had a quick question I was hoping you could answer for me. I have a client who's wife's name is solely on the mortgage. He is wanting to keep the house, […]

To one of Texas’s finest family law attorneys I wrote: (I share this first paragraph just to dispel the persistent, perennial and pervasive myth that I am perfect and make no mistakes). You had sent an email inquiry a few weeks ago. I responded....I think. But, I have had some serious technical difficulties (just about […]

It's kind of a joke here in Texas - we think we're our own country. Our unique equity lending laws are illustrative. No other state regulates equity lending as does Texas. Seriously, Texans for the most part are great Americans. I've been here almost 18 years now and I'm having a great time. But, there […]

Noel: I was given your contact information from J.M., another attorney in our office. I have a question regarding VA loans and an Owelty Lien. I represent Wife. Wife was awarded approximately $113,000 in cash by May 31, 2017. Husband was to pay this money from a cash out refinance. We are being told by […]

...and that's the short title. Sounds like the title to one of those long, boring articles in an obscure economics journal, eh? But, you divorce lawyers and divorcing clients will likely know exactly what I’m talking about. Here’s real time solutions on a case I received a couple of days ago. The facts Husband in […]

A Family Law Attorney writes: QUESTION Noel, I have a divorce matter where the parties have about $100,000.00 in equity.  I need to get a home equity to buy the wife out, or at least have an option to negotiate. Can you help? ANSWER: Don’t Use Equity Financing or “Cash Outs” for a Divorce Buyout […]

QUESTION: One of Texas’s finest attorneys in McKinney called to ask about how one of his clients could sell part of a 100 acre tract of land to his soon-to-be ex-spouse. Client’s wife was to receive 16 acres unencumbered. But, there was a mortgage on the entire 100 acres. How does such a transaction get […]

Refer to the blog immediately before this one. Here it is: Q&A #2A: Does Equity Financing Diminish a Ex's Portion of the So-Called Equity Now, pick up the email conversation. Question Hi Noel Thank you for answering! We live in Indiana. The lender says that the extra 20% stays in the home as you described. […]