Commentary on legal issues related to real estate, investing, and construction law in Kansas and Missouri.  This blog is associated with the RealEstateLaw.Live video podcast broadcast live on Facebook each Wednesday morning at 10:30 am.

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Do you need a lawyer to form an LLC?

As a small business attorney, a question I often hear is — do I need a lawyer to form an LLC? The answer to this question is no.  Forming an LLC is an easy process that involves completing a simple form and paying a fee to the state. However, the better question is — how do I...
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Photo of rundown house after a contract for deed foreclosureArray

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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What is Mediation?

A mediation is an informal meeting with a third party to see if a settlement can be reached. How it generally works is that we will usually start with all of the parties in the same room so that the mediator can go over the terms of the mediation and some basic ground rules. The...
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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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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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a deposition will often take place in the conference room of one of the attorneysArray

What is a Deposition?

A deposition is an interview, outside of the courtroom, where the opposing party can ask you questions under oath, and that will be recorded either by video and/or a court reporter. An attorney can (and should) be present during a deposition; however, there are strict rules on what the attorney can and cannot say during...
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Requests for Production are requests for documents related to active litigationArray

What are Requests for Production

Requests for Production are written requests for a party to provide documents, photos, videos, or other tangible items to the requesting party. These requests are used to ensure that all relevant information is obtained before trial. What is Discovery? Discovery is the stage in litigation where parties can request information from each other or third-parties...
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Photo of a monopoly board used to illustrate the rules for redemption rights in Johnson County, KansasArray

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 a home that is involved in the Kansas mortgage Foreclosure process and timelineArray

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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