Due on Sale / Transfer Provisions

Mark Rubin

Many among us owe money to a lender, secured by real estate. Think about buying a home and obtaining a mortgage or getting a HELOC (home equity line of credit). The property represents collateral, which the lender can acquire by foreclosure to repay the loan.

The lender has certain rights. These rights are set out in: (a) the promissory note, which is the document that contains the promise to repay the borrowed amount, with interest; and (b) the deed of trust or mortgage, the document which deals with the lender’s foreclosure rights.

Deed of trust v. mortgage? The instruments have different structures, and the deed of trust gives the lender a speedier

(More) Complete Estate Planning

Mark Rubin

Four years ago I wrote Complete Estate Planning. I focused on some of what needs to be done, over and above having a lawyer prepare a fancy-dancy set of documents. Now, I’m back with fresh thoughts on the nuts and bolts of truly planning for what happens when you’re gone.

We learn from our experiences and our errors. The past can help us avoid bad outcomes.

Older people often have annuities or life insurance. These products can serve useful purposes although, in too many cases, annuities purchased later in life offer more benefits for the selling agent than the purchaser. That issue aside, we see plenty of situations in which the policy owner