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Q&A #2C: Who Determines an Ex-Spouse's Portion of "Available Equity?"

Here is the last part of this second question in my series. Just go back to the most recent posts to get the flow of thought. I pick up with the exchange between RB and me. Question (from RB) Thank you so much for sharing your expert knowledge! I've already taken over ownership, I've refinanced, […]

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Do Not Let This Happen in Your Divorce Settlements

Do Not Let This Happen in Your Divorce Settlements: House Awarded With No Provision for Refinancing Every attorney with whom I frequently work knows that there is rarely if ever any excuse to leave a joint debt UN-REFINANCED. Especially if that debt is the home mortgage. When one party is awarded the house but the […]

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Forbearance in the Age of Panics (e.g., of 2020)

Forbearance and Payment Deferment in The Panic of 2020 We just love it when our lender or bank says – “Because of your good pay history, you can skip next month’s payment.” Most people understand that it’s not free money, that the “missed payment” will simply be tacked on to the “back end” of the […]

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4 Make or Break Factors in a Divorce Settlement: #2 – Support Income

Here’s the video to accompany this article > HERE Preface: I am speaking of Child Support and Spousal Support income in a divorce settlement. Spousal Support maybe called alimony, spousal maintenance, contractual alimony…any number of different terms as determined by state laws or common practice. In mortgage qualifying, it’s pretty much all the same.There are, […]

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4 Make or Break Factors in a Divorce Settlement: #1 – Debt/Income Ratios

I will deal more with Debt more in the 3rd Quadrant (Buyouts) I will deal more with income in the 2nd Quadrant (Support) But, this is YUGE. It’s actually a matter of federal law with a few “safe harbor” exceptions. If you don’t get this right – even by accident – there is no forgiveness, […]

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Four Make-or-Break Factors in your Divorce Settlement

Introduction: The Most Basic Question for Divorce-Related Mortgage Financing…And I Almost Missed It This is the start of a America’s very best newsletter-blog for everything to do with Divorce and Mortgage Financing. We offer the divorcing community across America a clear, comprehensive, authoritative answer to every conceivable question that divorcing folks (and family law professionals […]

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The Four Factors in Your Divorce Decrees - Make or Break Issues

4 Make or Break Mortgage Qualifying Issues in a Divorce Settlement  4 Factors in Your Divorce Decrees That Make or Break Your Clients Ability to Get Mortgage Financing < Click on headline to watch this 98 second video I don’t expect a lawyer to have to think about these things. That’s why you have me. […]

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3 Genius Math Tips/Tricks For Divorce Lawyers

Here is the video to go along with this blog:   I hear it every other phone call. "My attorney says you can work miracles, so here goes." Do you realize how scary and humbling that is. Talk about pressure. Ha. Here are 3 Math Tricks I use to make sure divorcing home owners/buyers get […]

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Decree Language for Requiring Refinances After Final Divorce

SUGGESTED DECREE LANGUAGE FOR REQUIRING REFINANCES AFTER FINAL DIVORCE Many attorneys yield that a court cannot order a lender to advance funds so therefore, it is not possible to truly require a party in a divorce to refinance the mortgage note (in order to remove the ex from its liability and, possibly, to include a buyout […]

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What If You Finalize Divorce Before Knowing the Buyout Amount?

Great Question from one of Texas's finest family law attorneys. Hello Noel, I am working on a proposed Agreed Final Decree and am hoping you can help me with some language. The goal is for Husband to remain in the home and refinance the home to remove Wife's name from mortgage. Wife also needs to receive […]

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