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Explaining The Divorce Buyout From a Different Perspective

I try to explain divorce-related mortgage financing in a variety of ways. Sometimes, just saying something from a different perspective helps to break through the fogginess on a matter. I don’t talk or write like an attorney. Rather, I have to make deals work in the realm of mortgage finance. Yet, I still must interact […]

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How Do Divorce Buyouts Work in Your State?

Mr. Cookman, I have been following your emails and blog for some time, being a family law specialist in Texas; I have moved to Tennessee and been teaching domestic relations in a little law school up here for a while, and my question is pretty simple. Will Owelty liens and your divorce lending services work […]

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Can (A Court Through) A Divorce Decree Require a Refinance?

Got this email the day after Christmas: Good morning Noel and Andy, I hope y’all had a wonderful Christmas. My question this morning: How do I get my name off the current mortgage when my husband is buying me out and he does not want to refinance? Is there another way to remove it from […]

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The Case of the Missing Owelty Language

The Case of the Missing Owelty Language Circa Fall 2018 Marriage of 20+ years is ending. Marital Residence worth $500,000 is free and clear of mortgages and is to be awarded to husband subject to a buyout to wife of her interest in the property. The knowledgeable and studious Traci Hutton represented wife and wrote Owelty […]

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Should My Client Sign the Special Warranty Deed Before The Ex Refinances?

Great Question from an Attorney My client (Wife) will be receiving a payout from a refinance of the marital home. I know that Husband will need to sign a Deed of Trust to Secure Owelty of Partition, but I am afraid of the implications if Wife signs a special warranty deed prior to husband refinancing […]

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Busting Myths, Correcting Misconceptions - It's What I Do

I count about a dozen misconceptions, faulty assumptions or myths about mortgage financing in divorce in the following email exchange with a new customer. But, I realized that by sharing this with you, I could address several critical elements in divorce-financing pertaining to the buyout (specific to Texas as the Owelty lien; other states as […]

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The Owelty Lien in a Co-Heir Buyout

DID YOU KNOW THE OWELTY LIEN CAN ALSO BE CREATED FOR A CO-HEIR BUYOUT? Pass this on to your probate and estate planning attorney friends. For that matter, get this information to anyone who is or is going to be an heir of a family homestead. Even though the Owelty lien is most often thought […]

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Don't Let Insurance Companies Punish You Because You're Divorced

This blog is usually written to family law attorneys. But, this post is more broad. Attorneys, divorced/divorcing homeowners, financial planners and more can benefit from this simple information. I was quite surprised. I’d never paid close attention to insurance. My field is mortgage financing for divorcing home owners and buyers. I just had good agents […]

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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. […]

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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, […]

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