It's still an encroachment and state law will determine how that will be taken care of, if engress egress is available he may end up having to buy the easement, may if it's not too.

Depending on the laws in your state and how the agreement is worded you might find yourself in a difficult situation if they fall behind on payments.

Also, is the house set up for an in-law which is why there is a 2nd kitchen?

Talked about this with my attorney who is very well respected in this area and has been in real estate law for decades.

There is no law saying you can't assume a mortgage without the lender's consent.

@Florence Oxenham, In light of a recent California Supreme Court ruling admitting an ILLEGAL immigrant to the California bar to practice law, I suspect the same will have to be true for all other state licensed professionals and immigration status should no longer be a factor... http://www.nytimes.com/2014/01/03/us/immigrant-in-us-illegally-may-practice-law-california-court-rules.html?

American Modern Insurance Group

You need to understand relevant law, and you need to be able to deal with people, but this isn't a complicated job.

Regarding what Kevin Dickson and Joe Fairless have said, verifying the law can be difficult.

The judgment recovery company goes through years of time to recover some of what's owed and it's a grind.You can sit on a judgment and it keeps growing and you renew it depending on state laws until one day the debtor has the ability to pay and possibly contacts you for a settlement.The 50/50 is the judgment company typically spends their own money and what is recovered over time is split 50/50.