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Blog Posts in 2012

  • Who Comes To Closing?

    That depends. How much do you really want to create valid conveyances and mortgages? The reason you pick title companies and law offices that know what they are doing and take seriously their duties as the referee on any transaction is that the buck stops right there. Here’s one of the most vexing challenges that most people never give a second thought: Today’s state laws allow all kinds of ...
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  • Chasing Our Tails

    We desperately need a western by-pass around Crestview. Notice I say “we”. I don’t live in Crestview, but I pass through, and I do business there. And all of us do tourist things in Destin, and real estate things, homebuilder things, and Chamber of Commerce things all over the County. Ever wonder the worst part of the trip from Birmingham to Destin? The roads are open all the way, except around ...
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  • The Mortgage Modification Myth

    A previous article showed a diagram of the homogenization of a mortgage – a process called “securitization.” From the comments I received I am convinced that the subject makes most eyes glaze over with confusion, unless the look is boredom. In either event I’m convinced that though this subject is not one for the innocent, is too important to ignore. A friend recently called for someone in his ...
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  • Even More Unwanted Advice. This Time, About Taxes

    As a follow up to Mike Chesser’s article, “ Mostly Unwanted Advice for ‘Short-Sellers’ and for Owners of Property in Foreclosure” , I have been asked to provide a general overview of some of the possible tax consequences facing homeowners in foreclosure or considering a short sale. The tax law discussed in this article is over simplified and is not intended to take the place of a qualified tax ...
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  • Mostly Unwanted Advice for "short-sellers" and for Owners of Property in Foreclosure

    I can’t say “don’t get there”, because some have no choice, and some will be in foreclosure or become short-sellers not by choice but by other considerations that are just as compelling. Whichever is true, don’t rely on advice someone else pays for. Sometimes a lawyer can’t help. There’s enough at stake that I always advise hiring your own lawyer. But even if your lawyer can’t help, he or she will ...
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  • Below the Line Confusion

    If you are old enough to be making these loans then you are old enough to remember that the lender was once a local mortgage company. Usually the lender had a deal working with an out of town purchaser who warehoused loans. That purchaser was an assignee of the loan, and if collection ever became necessary you knew that the Assignee owned the loan. Sometimes the Assignee would look back to the ...
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  • The ADA Trumps All

    Mike Chesser recently faced a confusing situation involving a dog, a restaurant and a deputy. While this may sound like the beginning of a joke, it is something that is becoming more and more common and which deserves a bit of attention. Mr. Chesser happened upon a member of a rapidly growing population of persons with disabilities enjoying the same access and benefits as the rest of the public. ...
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  • How To Be Professional About A Survey

    What would you say if you went to a doctor with a report that went something like… “Doctor, I woke up this morning sweating and with chest pains. Do you think I should come in?” And having the doctor respond, “Do you realize that only 1 in 10 people who have chest pains actually have some kind of heart event going on? Unless you have really good health insurance, if the chest pains have gone away, ...
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  • Now You See It, Now You Don't

    This article follows up a previous one in which the traditional “Nigerian scam” was attempted in Shalimar, Florida in a very elaborate way. Remember, I did not send $198,000 to someone in “California” who needed a quick wire transfer. I write this article not because I am fixated on the subject, but because of the danger to local businesses, particularly to real estate closing agents and law ...
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