Divorce Real Estate and Mortgage Journal Sample

Welcome to interactive presentation, created with Publuu. Enjoy the reading!

Divorce is not just the end of a

marriage; it’s the beginning of a new

chapter that requires clarity,

compassion, and collaboration to

navigate successfully.

DIVORCE

ISSUE 23, NOVEMBER 2024

REAL ESTATE & MORTGAGE JOURNAL

WWW.DIVORCELENDINGASSOCIATION.COM

BRIDGING THE GAP WITH

COLLABORATION

Collaborating for Smarter, Stronger

Divorce Solutions

THE RISKS OF UNTRAINED

INFLUENCERS

The Hidden Risk to Successful Divorce

Resolutions

WHY NON-QUID PRO QUO

REFERRALS ARE ESSENTIAL

Putting Clients First with Expertise-Driven

Connections

04

05

BRIDGING THE GAP

WITH COLLABORATION

15

WHY NON-QUID PRO QUO

REFERRALS ARE ESSENTIAL

12

TAX IMPLICATIONS IN DIVORCE WITH

RENTAL PROPERTIES

TABLE OF

PRESIDENT’S LETTER

THE RISKS OF

UNTRAINED

INFLUENCERS

08

CONTENTS

PROFESSIONAL SPOT LIGHT WITH

JASON GORDON, CDLP® AND

RHONDA NORDYCK, CDFA®

16

The Value of Working with a Certified Divorce Lending

Professional (CDLP®)

A CDLP® brings the financial knowledge and expertise of a solid

understanding of the connection between Divorce, Family Law,

Financial and Tax Planning, and mortgage planning strategies

related to real property and divorce.

A CDLP® is trained to recognize potential legal and tax

implications of mortgage planning in divorce situations.

A CDLP® is skilled in specific mortgage guidelines as they pertain

to divorcing homeowners.

A CDLP® can identify concerns with support structures that may

conflict with mortgage planning opportunities.

A CDLP® works directly with the professional divorce team to help

implement a strategic divorce settlement agreement, ensuring the

best opportunities to secure mortgage financing after the decree.

A CDLP® can recommend financing strategies that help

divorcing clients identify mortgage planning opportunities for

maintaining the current marital home while helping to ensure the

ability to achieve future financing for the vacating spouse.

A CDLP® does not give legal or tax advice.

Divorce Real Estate &

Mortgage Journal

Published by:

www.DivorceLendingAssociation.com

This for informational purposes only and

not for the purpose of providing legal or tax

advice. You should contact an attorney or

tax professional to obtain legal and tax

advice.

Copyright by

Divorce Lending Association, LLC

All rights reserved. No part of this

publication may be reproduced or

transmitted in any form or by any means,

electronic or mechanical, including

photocopying, recording, or by any

information storage or retrieval system

without the written permission from the

copyright holder.

The DLA is a national organization dedicated to bridging the gap

between the legal, financial, and emotional aspects of divorce and

the real estate and mortgage process, ensuring that divorcing

individuals have the knowledge, resources, and support they need to

secure their financial well-being and make confident decisions about

their housing needs.

What is the Divorce

Lending Association?

03 DIVORCE REAL ESTATE & MORTGAGE JOURNAL

LETTER

PRESIDENT’S

Dear Colleagues,

In the field of divorce, our work is marked by complexity and the profound responsibility to guide

clients through one of life’s most challenging transitions. Each client’s unique situation requires a

blend of expertise, compassion, and innovative problem-solving. Collaboration among divorce

professionals is essential to effectively meeting these demands and fostering trust and efficiency in

our work.

When we align our distinct skill sets—whether as mediators, attorneys, financial planners, or

Certified Divorce Lending Professionals (CDLP®)—we create a collective knowledge base that

benefits our clients. True collaboration requires an intentional commitment to prioritizing the

client’s best interests, making referrals based on expertise rather than reciprocity, and remaining

open to strategies that yield the best outcomes. This approach ensures that every professional’s

contribution serves a greater purpose within the team.

Referrals rooted in specialized expertise strengthen trust and credibility. For instance, referring a

client to a CDLP® for guidance on structuring an equity buyout ensures they receive tailored advice

aligned with their financial goals. These client-centered decisions foster better outcomes and

reinforce professional relationships, illustrating the power of collaboration. Such trust empowers

professionals to expand their practices while improving the client experience.

I encourage you to seek opportunities to connect with professionals outside your immediate area of

expertise, participate in interdisciplinary events, and educate one another about your unique

contributions. By doing so, we create a community committed to excellence and dedicated to

supporting clients as they navigate their divorce journeys with confidence and clarity. Together, we

can redefine what it means to work collaboratively, ensuring our clients receive the comprehensive

support they deserve.

PRESIDENT & FOUNDER

04 DIVORCE REAL ESTATE & MORTGAGE JOURNAL

The role of a divorce-trained CDLP® extends far beyond traditional mortgage services. CDLP®s are

uniquely equipped to collaborate with other divorce professionals, bridging gaps in understanding and

strategy to achieve better client outcomes. Let’s explore how this collaboration works, its benefits, and

how it transforms the divorce process into a smoother and more effective experience for everyone

involved.

The Unique Challenges of Divorce Settlements Involving Real Estate and Mortgages

Divorce settlements involving real estate and mortgage planning present unique challenges that require

a multidisciplinary approach. These include:

Complex Financial Decisions: Determining the best course of action for the marital home—

whether to sell, refinance, or execute an equity buyout—requires careful consideration of financial,

legal, and tax implications.

1.

Emotional Impact: Clients navigating divorce often struggle to make rational decisions about their

home due to emotional attachment and stress.

2.

Legal Nuances: The division of property, title issues, and ownership rights can create legal

complexities that must be addressed with precision.

3.

Underwriting Guidelines: Mortgage financing during divorce involves specific underwriting

challenges, particularly when support income or credit concerns are involved.

4.

BRIDGING THE GAP WITH

COLLABORATION

Divorce is one of life’s most challenging transitions, often bringing with it a complex tangle of financial and

emotional issues. For many divorcing couples, the marital home represents their most valuable asset,

making real estate and mortgage decisions a critical part of the settlement process. This complexity requires

a team approach, where mediators, attorneys, financial planners, and Certified Divorce Lending

Professionals (CDLP®) work together to provide comprehensive solutions.

HOW MEDIATORS, ATTORNEYS, AND FINANCIAL PLANNERS COLLABORATE

WITH DIVORCE-TRAINED CDLP®S

Written by Jody Bruns, President Divorce Lending Association

05 DIVORCE REAL ESTATE & MORTGAGE JOURNAL

These complexities demand a team approach, where mediators, attorneys,

and financial planners collaborate with CDLP®s to create cohesive

strategies.

The Role of a CDLP® in Collaboration

Certified Divorce Lending Professionals bring specialized expertise to the

divorce team, bridging financial and legal considerations in real estate and

mortgage decisions. Here’s how CDLP®s collaborate effectively:

Providing Financial Clarity: CDLP®s work with financial planners to

analyze cash flow, support income, and debt obligations. They help

ensure financing decisions align with long-term financial goals while

meeting mortgage underwriting guidelines.

Offering Legal Support: Attorneys benefit from a CDLP®’s

understanding of property division and title issues. CDLP®s provide

detailed reports and pre-approval strategies to facilitate equitable

settlements that align with legal agreements.

Supporting Mediation Efforts: In mediation, CDLP®s act as neutral

advisors, offering creative solutions for dividing property and

structuring financing. Their expertise helps mediators guide clients

toward practical, informed decisions.

06 DIVORCE REAL ESTATE & MORTGAGE JOURNAL

Collaboration

transforms

challenges into

opportunities,

creating pathways

to clarity,

stability, and

better outcomes

for divorcing

clients.

Streamlining Communication: CDLP®s are a liaison between the divorce team, ensuring all

professionals are aligned and clients receive consistent, accurate advice. This coordination minimizes

delays and reduces stress for clients.

Real-Life Success Stories

Case Study 1: Addressing Support Income Challenges

A divorcing client needed to refinance the marital home but was relying on spousal support to qualify. The

CDLP® collaborated with the attorney and financial planner to:

Reclassify support income to meet underwriting requirements.

Create a timeline for finalizing the support agreement to align with the financing process.

Provide pre-approval strategies to ensure the client could retain the home.

The collaboration resulted in a seamless refinancing process and a settlement that satisfied both parties.

Case Study 2: Facilitating a Collaborative Sale

In another case, a divorcing couple agreed to sell their marital home and divide the proceeds. The

mediator, attorney, and CDLP® worked together to:

Establish a fair market value with input from the real estate agent.

Structure the sale timeline to accommodate both parties’ financial needs.

Prequalify each party for future home purchases based on anticipated proceeds.

The team’s collaboration ensured the sale was completed efficiently and both clients were prepared for

their next steps.

The Benefits of Collaboration

Collaboration between CDLP®s and other divorce professionals offers several key advantages:

Holistic Solutions: By combining their expertise, the divorce team can address the full range of client

needs, from financial stability to legal compliance and emotional well-being.

Reduced Client Stress: A coordinated approach minimizes confusion and provides clients with clear,

actionable guidance, reducing the stress of navigating complex decisions.

Better Outcomes: Collaboration leads to more equitable settlements, improved financial stability, and

a smoother transition for divorcing clients.

Professional Growth: Working with a CDLP® enhances the value mediators, attorneys, and financial

planners bring to their clients, strengthening their reputation and expanding their practice

opportunities.

Moving Forward: Bridging the Gap for Better Outcomes

The future of divorce settlements lies in collaboration. By bridging the gap between mediators, attorneys,

financial planners, and CDLP®s, professionals can provide divorcing clients with the comprehensive

support they need to successfully navigate this challenging time.

Investing in collaboration and specialized training ensures that divorce professionals are equipped to meet

their clients' evolving demands, transforming the divorce process into an opportunity for clarity, stability,

and hope.

07 DIVORCE REAL ESTATE & MORTGAGE JOURNAL

WHY BECOME

AN ALLIED

PROFESSIONAL?

Together, we can make

a difference. Join the

DLA today and become

part of the solutions

for divorcing

individuals facing

complex financial

decisions surrounding

real property and

mortgage planning.

Amy Valdivia

Director of

Allied Professionals

Education.

Resources.

Community.

Divorce is not just the end of a marriage; it’s the beginning of a new chapter that

requires clarity, compassion, and collaboration to navigate successfully.

Understanding the risks posed by untrained professionals highlights the importance of working with divorce-

trained experts, such as Certified Divorce Lending Professionals (CDLP®) and Real Estate Mediation

Specialists (REM-S). Let’s examine these risks in detail and explore how specialized training ensures a

smoother, more productive divorce process.

How Untrained Influencers Derail Mediation

Mediation is a cornerstone of amicable divorce settlements, offering divorcing couples a structured

environment to negotiate agreements. However, the presence of untrained professionals can disrupt the

process in several ways:

Misinformation and Misguidance: Untrained influencers may lack a nuanced understanding of divorce-

specific issues, such as equitable property division, tax implications, and mortgage financing

requirements. This lack of expertise can result in:

Incorrect advice: This can lead to unrealistic expectations or decisions that do not align with legal

and financial realities.

Confusion: Misinterpreting complex issues can confuse clients and derail productive discussions.

Unrealistic Solutions: Without a deep understanding of divorce dynamics, untrained professionals may

propose solutions that are:

Unfeasible: Suggestions that don’t align with legal guidelines or financial feasibility can stall

negotiations.

Biased: Unintentionally favors one party over the other, leading to conflict rather than resolution.

THE RISKS OF UNTRAINED INFLUENCERS IN

DIVORCE MEDIATION AND SETTLEMENT

PROCESSES

08 DIVORCE REAL ESTATE & MORTGAGE JOURNAL

Divorce is a complex and often emotionally charged process

that requires careful navigation by skilled professionals.

While the inclusion of multiple professionals, such as

mediators, attorneys, and financial planners, is essential for

achieving equitable settlements, the involvement of untrained

or inexperienced influencers can undermine the process.

These outside influencers, who lack specialized divorce

training, may inadvertently derail mediation efforts,

complicate settlements, and leave divorcing clients in a worse

position.

Overcomplication of Processes: Untrained professionals may overcomplicate already challenging

scenarios by introducing unnecessary steps or misunderstandings. For instance, they might fail to

recognize the importance of timing in support agreements or the implications of title transfers in

property settlements.

Lack of Neutrality: One of the most critical aspects of mediation is neutrality. An untrained professional

may inadvertently inject personal biases, undermining the mediator’s efforts to maintain balance and

fairness.

Risks to the Settlement Process

When untrained influencers become involved in the settlement process, the potential for harm extends

beyond mediation. Their lack of expertise can result in long-term consequences for divorcing clients,

including:

Financial Instability: Uninformed decisions about real estate, mortgages, or support agreements can

create financial instability. Examples include:

Miscalculated support income, leading to mortgage denial.

Poorly structured equity buyouts, leaving one party overburdened with debt.

Legal Challenges: Incorrectly handled settlements can lead to legal disputes, requiring costly revisions or

litigation. For instance:

Improper division of assets due to misunderstood property valuations.

Overlooking legal requirements for title transfers or support agreements.

Emotional Distress: When settlements fail to meet expectations or result in unforeseen complications,

clients experience heightened emotional stress. The aftermath of such issues often prolongs the recovery

process for all parties involved.

RISKS TO THE SETTLEMENT PROCESS

09 DIVORCE REAL ESTATE & MORTGAGE JOURNAL

Untrained influencers can derail the divorce process with misinformation and

unrealistic advice. Partnering with divorce-trained experts ensures clarity,

balance, and better outcomes for clients navigating one of life’s toughest

transitions.

Real-Life Example: The Danger of Untrained Input

Consider a case where a divorcing homeowner was advised by an inexperienced mortgage professional to sell

the marital home immediately to divide the equity. While this appeared to be a straightforward solution, it

failed to account for the homeowner's desire to keep the property for stability during their children's

transition. When a CDLP® was brought in, they devised a plan to structure an equity buy-out, allowing one

spouse to retain the home while ensuring the other received their share of the equity. The initial advice led to

unnecessary emotional turmoil and potential financial loss, which could have been avoided with trained

guidance from the start.

How to Prevent Untrained Influence

To safeguard the integrity of the mediation and settlement process, divorce professionals should take

proactive steps:

Vet Professionals Carefully: Ensure that all professionals involved in the divorce process have relevant

training and credentials. Look for designations like CDLP®, REM-S, CDRE, CDFA, or certifications

in family law and financial planning.

Educate Clients: Inform clients about the importance of working with trained professionals. Emphasize

the risks of relying on well-meaning but unqualified individuals for critical advice.

Foster Collaborative Networks: Build relationships with other trained professionals who share a

commitment to excellence in divorce cases. This ensures that clients have access to a trusted team of

experts.

Moving Forward: Prioritizing Expertise

Divorce is a pivotal moment in a client’s life, and the professionals guiding them play a significant role in

shaping their future. By prioritizing expertise and minimizing the influence of untrained professionals,

mediators, attorneys, and financial planners can ensure more equitable, stable, and peaceful outcomes.

The risks of outside influencers underscore the value of specialized training and collaborative approaches. By

working with divorce-trained experts, professionals can transform a challenging process into an opportunity

for clarity, stability, and hope for their clients.

THE IMPORTANCE OF PRIORITIZING EXPERTISE

10 DIVORCE REAL ESTATE & MORTGAGE JOURNAL

Prioritizing expertise ensures every decision is rooted

in knowledge, paving the way for trust, clarity, and

success.

Made with Publuu - flipbook maker