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Requiring Mortgage Refinances in Divorce? Part 1

Should Divorce Settlements Always Require a Refinance of the Awarded (jointly-financed) Property?   Yes…nearly. Part 1 First, there are obvious situations whereby an order to refinance an awarded property makes no sense. The chief reason is if/when the grantee is the only party on the promissory note. A refinance in such a case would not […]

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On Calculating Net Equity Tips For Family Law Attorneys – How To Calculate Net Equity In Property Part One- The Problem Here is something I see quite frequently in divorce settlements. (I copied this example from a recent settlement). Marital Residence Current Fair Market Value                 136,500.00 Current Balance as of                          102,965.00     Net Equity                                               33,535.00 […]

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The Incredible Shrinking Mortgage Industry - What It Means To You

What does the Incredible Shrinking Mortgage Industry mean for you and your clients? From The National Real Estate Post (read the full report here) “According to the Bureau of Labor Statistics there’s 218,100 real estate credit employees working in the field, and that’s a 1.9% decrease over last year and .8% down from last month. […]

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Simple Tip For Divorce Lawyers - How To Specify Consumer Debts in the Decree

Here's a simple tip for Family Law Attorneys   The only attorneys that I know of who do this one simple thing are those who have referred their clients to me for mortgage financing. And, I do all the work to make it happen. It adds value to your service to clients.   How to […]

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Rule 11 Agreements - #3: Sample Agreement with Notes

Thanks to all the attorneys who have helped refine and develop my materials on these Rule 11 Agreements. I never approached Rule 11 Agreements strictly from the legal perspective. Rather, they are a means to an end; specifically, they help us “get deals done” to put it plainly. A Sample of a Rule 11 Agreement […]

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Pause . . . Some Questions & Answers About Rule 11 Agreements and Real Estate in Divorce

We interrupt this broadcast to bring you a special announcement...   Between the 2nd and 3rd installments of the series on Rule 11 Agreements, I thought it would be interesting to publish a few questions that came from attorneys on article #1 and the responses from a title attorney. Special thanks to attorney Kelly Bierig, […]

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Rule 11 Agreements - Part Two

Rule 11 Agreements in Texas – Unexplored Territory Part Two The following list of “principles” concerning Rule 11 Agreements will rehearse some things you already know and maybe a couple of things you did not. 1.      There is no legal status of separation in Texas. One is either married or unmarried. 2.      It is generally […]

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Rule 11 Agreements - Part One

Rule 11 Agreements in Texas – Unexplored Territory Part One   I am not sure how often Rule 11 Agreements are used in divorce proceedings in Texas; but, I have discovered a vast and untapped “market” for them – when divorcing parties require mortgage financing. It may come as a surprise to attorneys that Rule […]

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Rule 11 Agreements like you never imagined them! Did you know that mortgage underwriting allows for separation agreements even though there is no legal status of separation in Texas? Lenders see them as having nearly the same force as final decrees of divorce; at least for establishing factors in loan approvals. It's really quite amazing. […]

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5 Tips That Will Set You Apart As A Family Law Attorney If you include some or all of these 5 elements into your divorce settlements, you will set yourself apart from the thousands of family law attorneys in Texas who do not know these principles of mortgage qualifying. Yet, there is no “down side” […]

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