refinancing an owner finance note

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Randy Smith

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Sep 17, 2025, 12:47:05 PM9/17/25
to Investor Underground
Good morning all, 

I owner financed a young couple nearly 10 years ago, and recently they have divorced. The divorce decree allows the husband to keep the house, but he has to remove the wife from the not so she's no longer on the hool. Or he has to sell it. He wants to keep the house and is ok with terms he's on.  He has been the primary payee for the entire time, so I don't have an issue with that. He is responsible and has always paid on time. I took it to the title company to start the paperwork and their attorney says by law I'm not allowed to refi them, even if they ask. Is this correct? A.I. says I can. I can't just modify the loan and remove her as far as I can tell. Have any of you run into this scenario? 

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Best regards,
Randy Smith

Dan Castro

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Sep 17, 2025, 1:36:04 PM9/17/25
to Randy Smith, Investor Underground
You don't have to refi.
Just sign a partial release that releases her from liability.

Dan Castro

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Castro & Baker, LLP
6101 West Courtyard 
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Austin, Texas 78730

Randy Smith

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Sep 17, 2025, 3:00:57 PM9/17/25
to Dan Castro, Investor Underground
Can you prepare that for us? 

Tim Gahagan

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Sep 17, 2025, 3:44:36 PM9/17/25
to Randy Smith, Dan Castro, Investor Underground
I pay attorneys when I need binding contracts.

But things something that you could find online, or even ask ChatGPT to give you some framework. 
Honestly you could search the county clerk and see if there is one filed by those key words, then use that as a template.

But again good attorneys like Dan cost money.



On Sep 17, 2025, at 2:00 PM, Randy Smith <ra...@easyhomebuyers.com> wrote:



Bill Crider

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Sep 18, 2025, 9:44:14 AM9/18/25
to Tim Gahagan, Randy Smith, Dan Castro, Investor Underground
Then again, a poorly constructed contract designed for another state downloaded from the internet can cost you your entire investment. 

On Sep 17, 2025, at 2:44 PM, Tim Gahagan <tim.g...@ggi.net> wrote:

I pay attorneys when I need binding contracts.

Tim Gahagan

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Sep 18, 2025, 10:03:45 AM9/18/25
to Bill Crider, Randy Smith, Dan Castro, Investor Underground
Travis county clerk. 

Cheap, good or fast. Pick 2.

Reread my first statement.


On Sep 18, 2025, at 8:44 AM, Bill Crider <bill....@gmail.com> wrote:


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