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Rick's Blog

This is the personal blog of Rick Davis and is not affiliated with any firm or legal organization

What is mediation in a seller disclosure dispute?

Seller Disclosure Mediation is an informal process where all the parties are placed into rooms in the same building and a third party (the mediator) goes from room to room with settlement offers until a resolution can be reached or one of the parties ends the mediation.  This process is very effective at resolving disputes...
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Missouri Trustee’s Sale

What is the difference between a foreclosure and a trustee’s sale? In Missouri, a loan for the purchase of real property is secured by a deed of trust and when the borrower is in default under a deed of trust, the lender has the ability to sell the property through a Missouri trustee’s sale.  The...
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Q&A from the August MAREI Meeting

[vc_row][vc_column][vc_column_text]This past Tuesday night, I had the privilege of speaking to a room full of real estate investors at the monthly Mid-American Association of Real Estate Investors (MAREI) meeting that took place at the Holiday Inn & Suites in Overland Park, Kansas.  Attendees at the meeting had the opportunity to submit questions using their smartphone...
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How to Extinguish Redemption Rights

In Kansas, a borrower is not immediately removed from a property after the foreclosure sale.  Instead, the borrower is provided a redemption period, which is a period of time that the borrower can continue to live in the home or rent the home to other parties.  The purpose of the redemption period is to provide...
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Photo of a monopoly board used to illustrate the rules for redemption rights in Johnson County, Kansas

Changes to the Rules for Redemption Rights in Johnson County

Many real estate investors have heard whispers of changes to the rules for redemption rights in Johnson County, Kansas over the past few weeks, but there is little public information out about the changes or what these changes will mean for investors who purchase redemption rights in Johnson County.  This post will talk about these...
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Photo of rundown house after a contract for deed foreclosure

How to Remove a Buyer under a Contract for Deed

The legal process for removing a lessee/purchaser under a contract for deed will depend on the language of the contract for deed and what contributions the borrower has made towards the purchase price.  As the lessee/purchaser is leasing the property, the default process would be to file an “unlawful detainer” action and to remove the...
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Tenant Makes a Payment after the landlord has sent an Eviction Notice using a jar of pennies

What Happens if a Tenant Makes a Payment after the Landlord has Sent an Eviction Notice for Non-Payment of Rent?

In Kansas, a landlord is required to send a notice to a tenant at least seventy-hours prior to filing an eviction action as the result of non-payment of rent.  The purpose of this notice is to provide the opportunity to pay the rent prior to being evicted.  If the tenant pays the entire past due...
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Photo of a home that is involved in the Kansas mortgage Foreclosure process and timeline

Kansas Mortgage Foreclosure Process and Timeline

The standard Kansas mortgage Foreclosure Process and Timeline for an uncontested foreclosure is set forth below.  Please be advised that an uncontested foreclosure is a foreclosure action in which the borrower does not file a response and allows the lender to proceed with the foreclosure.  It can take between 6-18 months to remove a borrower...
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FAQ’s on FSBO Transactions

Please see the answers below to some commonly asked questions related to FSBO transactions. Can’t I just use the standard forms off the internet? Although standard real estate forms are available from websites, such as the Kansas City Regional Association of Realtors (www.kcrar.org), these forms do not come with an explanation of the various terms...
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