Category

Legal Topics

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 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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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 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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How to find an attorney?

Rick recently shared some thoughts on how to find an attorney for a blog post published on fundera.com, titled “Need Legal Advice? 11 Experts Reveal How to Find the Right Small Business Lawyer”
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Thumbnail from an Owners.com story on questions you should ask before hiring an attorney for your FSBO transaction

Questions you Should Ask Before Hiring an Attorney for your FSBO Transaction

Excerpt from Owners.com including comments from Rick Davis regarding some of the questions you should ask before hiring an attorney for your FSBO transaction. Selling your own home puts more of the sale price in your pocket, but you don’t want to scrimp when finding a professional to handle the property transfer. Choosing the right...
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Thumbnamil from a realtor.com store on nightmares you might need to disclose to buyers.

Nightmares You Might Need to Disclose to Buyers

Excerpt from a realtor.com story on the nightmares you might need to disclosure to buyers.  This story includes thoughts from Rick Davis on the need to disclose the fact a home is a former meth lab in either Kansas or Missouri. If you’ve ever bought or sold a home, you probably know that the seller...
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Considerations When Buying or Selling an FSBO Home

You often hear the phrase “everything’s negotiable” and that is especially true when buying or selling an FSBO home. Although the majority of the conversation related to buying or selling an FSBO home is devoted to the purchase price for the property, there are many other considerations that can help increase the value to either...
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