If there is a judgment against you, or you and your spouse, and you and your spouse want to sell or refinance the home, can you avoid paying the judgment from the sale or refinance? The answer is maybe yes. The devil is always in the details, but if the home is the...
mitchg
Attorney Answers
A good attorney should be able to answer your questions in a clear, understandable manner. She should explain the consequences and possible outcomes of a course of action. You are not paying to be confused or not to have your questions answered. Speak up and ask if...
Don’t spend the money yet………….
I saw a post that fifteen percent (15%) of all signed residential contracts do not close. My experience is that closings do not happen for a variety of reasons such as a failed inspection, death, divorce, or job change in the buyer's family, or the loan did not go...
Please don’t swim with the sharks……….
I received an email from another client who purchased a home at a foreclosure sale without doing their title work homework. It turns out that the judgement purchased was from the homeowner's association and, whoops, the first mortgage was still in place. Now the...
Fun with Foreclosures
Seller clients sometimes "tote the note" and carry back seller financing for a portion of the purchase price. When the buyer does not make the note payments, or does not pay the taxes or insurance, then the seller must file a lawsuit to foreclosure the mortgage and...
Orchestrating the Perfect Loan Closing
I recently closed a large, complicated commercial loan in a week. I was one link in a chain involving many of lender's team members, the title company acting as closing agent, borrower's office manager and legal counsel, and attorneys for both sellers. Everyone had...
All-Inclusive Construction Budget?
Carefully review the construction budget for your new home or commercial building. What is included in the cost breakdown, but equally important, what items are not NOT included in the cost breakdown, and are the allowances sufficient. Is builder's risk insurance...
Selling Vacant Land
What can the Seller do if it is selling vacant land and the buyer must rezone the property to utilize it for its intended purpose? Depending on the specific circumstances, this process can take six months to a year, often longer. To compensate the seller for this...
“Dockominiums”
I did not invent this word! The boat slips outside my office are "dockominiums." In essence, these are condominium boat slips. Like typical condominiums, there are unique fees, terms, and shared expenses which need to be reviewed and understood before purchasing....
Easing into Easements
An easement is a right of a party to go across real property owned by someone other than the actual owner of the property. Utility companies have easements over the perimeters of most residential lots for drainage and utility purposes (power, water, cable, etc.) ...

