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What an Owelty is NOT

 Did Someone Just Conflate the Special Warranty Deed with Encumbrance for Owelty of Partition with the Deed of Trust to Secure Assumption? Have you ever seen this? A total misunderstanding and misapplication of the Owelty lien. This scenario illustrates what the Owelty lien IS NOT. And, using definition by negation, perhaps we can clarify even […]

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Owelty Documents Tool Kit #6 - The Proceeds Allocation Letter

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 ? I shall discuss the last two […]

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Owelty Documents Tool Kit #5 – The Release of Owelty Lien

Remember, 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 ? Brief Lien Theory and Practice […]

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Owelty Documents Tool Kit #4 – The Owelty Real Estate Lien Note

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 ? Here’s my theory – totally based […]

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Owelty Documents Tool Kit #3 – The Special Warranty Deed with Encumbrance for Owelty of Partition

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 ?   Short names for the Special […]

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Owelty Documents Tool Kit #2 – The Owelty Deed of Trust

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 […]

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Can An Owelty Lien Be Implied?: The Story of a Post Divorce Miracle

  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 […]

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Why Avoid Using an Owelty Lien to Secure Interest?

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 […]

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Owelty Docs Took Kit for Attorneys: #1 - The Decree

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 […]

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Clouds on Title in Divorce – Can Judgments Hold Up Closing?

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 […]

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