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 […]

  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 […]

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 […]

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 […]