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PDF Editor FAQ

Do you sell your dividend paying stocks as a long-term dividend investor? Or do you just watch the price climb and hold?

It depends on if the dividends are also increasing with the stock price.If the price of a stock goes up greatly, so the dividend yield falls below 3%, I begin to look for other alternatives that pay a 5% or higher yield.The most recent stock with which I did that was Target (TGT). It had an incredible runup in price, from less than $100 a share to more than $150 a share. It’s dividend yield went below 3% long before it hit $150. I took the profits from selling Target, put some of them into Gladstone Land Group (LAND) which paid about 5% dividend at the time. This is a little outside the market, but I took much of it and bought a promissory note secured by a deed of trust with a 12% yield.The biggest problem I have found with chasing dividend yield is that companies sometimes stop or suspend dividends. Past history does not guarantee future results. I once owned stock in one of the largest companies in the world which had paid steadily increasing dividends for 100 years. The CEO promised in the conference call that there would never be a dividend cut. He cut dividend payments about two months later. Dow Chemical lowers dividend for the first time Not only were there no more dividends but the stock price took an instant nosedive due to rumors of insolvency.So yes, have dividend parameters and sell your shares whenever a stock falls outside of those parameters and you can find another stock that is within those parameters. Just be careful that you are trading Apples for Apples. Don’t trade a blue chip with a 50 year dividend history for a startup that just started to pay dividends. Realize with all the due diligence in the world, a company can cut or stop dividends whenever it pleases, like DOW did. I have only had this happen a few times, but when it does, the stock price usually crashes so fast that it will be difficult to get out of the position.

Which takes precedence, a deed held in joint tenancy or a deed of trust? I thought I owned a property because it was held in joint tenancy with right of survivorship & the other tenant died. The other tenant put his half into a trust prior to death.

I respectfully suggest that you may be confused. A Joint Tenancy Deed determines title; here, the two of you owned the property in joint tenancy, meaning that upon the death of the first of the two of you to die, the property automatically becomes solely owned by its surviving joint tenant (upon recording a certified copy of the Decedent’s Death Certificate).A Deed of Trust does not determine title —- it is a security device, securing a Promissory Note to the beneficiary of the Deed of Trust (typically, a bank or mortgage company) made by the maker of the Note, typically, to provide its maker funds to purchase the underlying property. What that means is that if the maker of the note fails to pay the note according to its terms, the beneficiary of the Deed of Trust (ie, the money lender) can instruct its Trustee to begin non-judicial foreclosure proceedings on the property (ie, a forced sale) to obtain funds to pay the note.You say “The other tenant put his half into a trust prior to death.” Given what else you have said, I presume that you mean the Trust underlying the Deed of Trust —- and not into, for example, a trust for estate planning purposes, such as a revocable living trust.In any event, what you need to do now is to consult with an experienced real property attorney in your locale to determine its relevant laws and how they may affect you.Richard Wills, retired probate attorney originally licensed in CA & WA

What are my options to remove my ex from my mortgage?

A divorce judgment does NOT automatically remove a person from the promissory note or the deed of trust or mortgage, even if the property is awarded to the other person in the divorce. The court has no power in a divorce action to order the mortgagee or trustee of a deed of trust to remove someone as an obligor under a note, mortgage or deed of trust.The short answer is that your ex-wife can get you off the mortgage only if she does a refinance of the existing mortgage or if she sells the property and the mortgage gets paid off. In real life, those are the only ways you’ll get off.(Oh, you’ll also get off the mortgage if she keeps paying the mortgage until the loan is entirely repaid. But that might take close to 30 years, depending on the length of the mortgage loan).Read on for a more detailed answer.Mortgages and deeds of trust are technically different from each other, but in real life they’re pretty much the same thing: a way for a lender to secure a loan to the property owner or owners. Mortgages are the common form for securing real property loans in some some states, deeds of trust are the common form for securing real property loans in other states. In real life, it shouldn’t matter.In real life there are only three ways to get off a mortgage or deed of trust. The first way is to have the property sold and the note secured by a deed of trust or mortgage paid off. The second way is for the party who gets the property to do a refinance of the note secured by the mortgage or deed of trust. The third way is that the mortgage finally gets paid in full.In California, and so far as I know every other U.S. state, if you don’t get an order in the judgment for the party who is awarded the property with a mortgage or deed of trust to get the other party off the mortgage or deed of trust by a certain date (typically 3–6 months, though it can be sooner or later), and if that is not accomplished, the property is ordered sold, then the party who no longer owns the property but is still on the mortgage is stuck and is at the mercy of the party who got the property in the divorce.Here is why remaining on the mortgage or deed of trust for a property awarded to the other party in a divorce is bad news:First, that means that the credit of the party who didn’t get the property is at risk that the party who was awarded the property and presumably ordered to pay the mortgage won’t make every mortgage payment on time. If that ever happens, it will have a terrible impact on BOTH parties’ FICO credit scores.Second, when the party who didn’t get the property in the disso goes off to buy a new residence, he or she will discover that he/she may not be qualified for a loan for the new residence. That’s because lenders will still treat the obligation secured by that original mortgage or deed of trust as an obligation of both parties, even if the disso judgment assigned the debt on the property divided in the divorce to the other party. For most people, they won’t have enough income to qualify for loans that total not only the amount of the mortgage or deed of trust on the new property they want to buy but also the amount still owed on the property now owned by the former spouse.So make darn sure to deal with any existing mortgages or deeds of trust in any settlement of a dissolution of marriage action, and be sure the court deals with that problem in any trial dealing with property division in a disso action.

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