Here is a question I received today from the talented Mary Crossett of Albin Roach. (You can see Mary's page here. Hi Noel, I’m sorry to bother you, but I have a client who has agreed to sign all necessary documentation so his soon-to-be ex-wife can purchase a new home. However, the one caveat in […]
I usually write to family law attorneys in this blog. This post is to both attorneys and divorcing clients but written as if to the party who is divorcing and facing an upcoming mediation. It's really "5 Things For The Attorney [To Get Their Client To Do] To Prepare For Mediation." Mediation is becoming more […]
No sooner had I made my case yesterday - for why I needed to speak with all 99,000 divorcing Texas homeowners each year – than I received this inquiry from a customer. I was doing the financing for husband as he was refinancing in order to remove his wife from the liability and include a […]
I’m putting this on my blog because it is NOT an advertisement. This is serious stuff. From the beginning of this newsletter, I have resolved to ONLY write and send it ONLY when I had substantial information that would help you as a family law practitioner. Candidly, I always have more ideas for you all […]
In a recent case, the parties were stalled at the point of the house financing which was to include a sizeable buyout to husband. It seemed that husband’s attorney was insisting that his client be paid (for his agreed interest in the marital residence) on date of final divorce. The attorney wrote [emphasis mine]: "We […]
Don't Make The Mistake of Assuming a Client Qualifies for Financing Based on Lots of Equity in the House A family law attorney gave me this idea. “Noel,” she says (allow me to paraphrase), “a lot of us assume that if there is a lot of equity in a house then financing is a slam […]
I devote a significant portion of my time being available to family law attorneys - to answer or find out answers to their questions about how divorce affects mortgage financing. Most questions I get have to do with the Owelty. And sometimes I answer the same question in a slightly different manner. Like today.... from […]
Follow Up Question About Financing Owelties I love and appreciate the feedback I get from each and every one of you. One follow up question an attorney asked pertained to the following paragraph in the previous blog (https://themortgageinstitute.com/2016/09/finance-an-owelty-buyout-before-final-divorce-is-it-possible/): Either party or the couple could finance a 2nd lien "Cash Out" loan and agree to deposit […]
The legendary – although MUCH TOO YOUNG to have achieved legendary status already – Lisa Marquis asked Can a spouse complete a refinance with an owelty lien prior to a divorce decree being signed by the judge? My response (edited for clarity and amended with a few little goodies): Not without triggering Texas Home Equity […]
Buyouts WITHOUT the Owelty…WHY? I just had a case wherein the grantor (the party who was the recipient of a buyout for her interest in the marital residence) argued that she did not agree to an Owelty lien. She was supported by the contention that others had financed a buyout without an Owelty. When the […]
