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Mortgages Divorce

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Orrick, Herrington & Sutcliffe LLP

California enacts mortgage law on co-borrowing with divorces

On September 22, the Governor of California signed AB 3100 into law (the “Act”) which will change the requirements for conventional home mortgage loans in the state. The legislation will require any conventional home mortgage...more

Fox Rothschild LLP

Are Mortgage Rates and High Rents the Catalyst to “Quiet Quitting?”

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We have been reading recently about a new life phenomenon called “quiet quitting.” Essentially the concept is that one or both spouses are done with the relationship but neither has the energy or the resources to move on...more

Fox Rothschild LLP

Zombie Mortgages: It’s the Time of the Season When Debt Gets High.

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As Spring came this year, the news was filled with reports that we would see an especially large crop of ciccadas this year as the 13 year brood is coming at the same time as their 17 year cousins. But it isn’t just insects...more

Fox Rothschild LLP

Life After Love Gone Wrong Podcast: Season 3, Episode 2 - Mortgage Mastery: Charting a Financial Course Post-Divorce

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Make informed financial decisions on the homefront as you weather a separation or divorce. Host Sandra Fava and her guests, Cathy Maloney and Dina Parla of Guaranteed Rate Affinity, share practical tips on managing...more

Fox Rothschild LLP

Divorce & Retirement: A Statistical Survey

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We live in a day when we are bombarded with theories, ideas and prognostications about retirement. It’s a vitally important topic and worthy of some careful study. Unfortunately, the quality of the material you find on line...more

Fox Rothschild LLP

Is It Time to Re-think Mortgage Refinance on Divorce?

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For the entirety of this lawyer’s career, it was universally accepted that if one spouse was going to keep the marital residence, that property needed to be refinanced so that the spouse passing title (i.e., moving on) was no...more

Fox Rothschild LLP

The Data Show that the Real Estate Market has “Tipped”

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The front page of yesterday’s Wall Street Journal (10/17) confirms what we have been “feeling” throughout 2023. The home buying frenzy that overheated markets in 1987 and 2007 has reached its pinnacle and moved on....more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Surviving Your Divorce: Navigating Housing and Financial Decisions With Confidence - October 25th, 12:00 pm - 1:00 pm ET

Divorce can be a challenging journey, both emotionally and financially. It requires complex decisions to be made at every stage, especially regarding housing and related financial matters. In an upcoming webinar, Carolyn...more

Lasher Holzapfel Sperry & Ebberson PLLC

Community or Separate Property? Beware The Mortgage Rule

What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community...more

Fox Rothschild LLP

FEAR, MONEY & MARKETS: As if Covid Isn’t Enough

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People often ask divorce lawyers how they do it. My stock answer is that it’s like any other financial transaction, except that the transaction is wrapped in layers and layers of emotion. ...more

Fox Rothschild LLP

Don’t Forget, it’s the Economy Stupid! Aunt Fannie Mae Says the Housing Boom Seems Over

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It’s not actually Aunt Fannie but her Chief Economist Doug Duncan who has concluded today that the party ended in March as interest rates spiked 200 basis points since January 1. Fannie Mae revised new homes sales for March...more

Blank Rome LLP

Divorcing in an Expensive Housing Market

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One of the economic aftershocks that stubbornly remains more than two years after the COVID-19 pandemic began is the simultaneous spike in residential real estate prices and rents, and the plummeting inventory of available...more

Fox Rothschild LLP

Divorce Financing Encounters A Turbulent Real Estate Market

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At the end of the day, divorce is a financial transaction wrapped in complex human emotions. Part of the divorce lawyer’s mission is to try to gently unwrap the emotion so that each party can walk away from a failed...more

Fox Rothschild LLP

DEBT: The Divorce Lawyer’s New Frontier

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It’s always been there. Debt. Even though the Pennsylvania Divorce Code does not really mention it by name. If you speak to the hearing officers who draw the assignment of effecting equitable distribution, they respond...more

Bowditch & Dewey

Love it or List it: What to do with the marital home in case of divorce

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Depending on the size of any existing mortgage, the equity in the marital home often represents a significant portion of the marital estate, however illiquid that equity may be. So how do the divorcing parties manage that...more

Fox Rothschild LLP

Navigating A Home Transfer In Divorce

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Just about every divorce case involves a house and its corresponding mortgage. In a small number of cases parties agree that dissolution of the marriage is also an opportune time to downsize the residence, but in most...more

Fox Rothschild LLP

A Mortgage Foreclosure Primer

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We have recently had inquiries about foreclosures. Given the current economic climate, this is probably going to become more common. The good news is that home prices are up, particularly in the Philadelphia suburbs. But for...more

Stange Law Firm, PC

What is an assumption agreement?

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In a divorce, the marital home is often one of the most valuable marital assets that the parties have. Typically, the parties also have a mortgage on the marital home with a balance due and owing. To resolve a divorce with...more

Stange Law Firm, PC

Should My Name Be Taken Off The Mortgage?

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In many divorces, the marital home is one of the most valuable assets of the parties. There are three general possibilities in what to do with the marital home in a divorce...more

Burns & Levinson LLP

Holding Onto The House– The Buy or Sell Dilemma in Divorce

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Ah, home sweet home. Home is your happy place where you can rest and unwind. It is the place you selected to start your family and where you and your family make memories. There is justifiably so much sentimental value tied...more

Stange Law Firm, PC

Refinance After Divorce

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In many divorce matters, parties own a house jointly. When a married couple owns a home together, this is known by tenancy by the entireties. In these instances, the married couple is also on the mortgage together if the home...more

Jaburg Wilk

Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’

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We frequently represent clients who have engaged in some type of transaction with his or her spouse during the marriage that inadvertently causes them to lose certain rights to property unknowingly. This often happens in the...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident...more

Jaburg Wilk

Separate Property and Arizona Marital Community Equitable Lien Rights

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In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

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