Is it a time waster to execute a SS contract with wife not husband?

[Sam Leon]

Divorced situation.

Husband and wife are owners on record.

House on short sale subject to bank approval.

LA is asking contract to say it is contingent on husband signing quit claim feed.

But husband won't be signing the sales contract. Only the wife will.

Husband has moved out and have told attorney he will quit claim but nothing has happened yet.

So this is a short short sale, subject to shorting the bank, subject to shorting husband.

Now, is this more than likely a time waster? May be the husband will quit claim, or may be this is a built in out clause.

Is this even a valid sales contract if not all owner on record sign?

[Wayne Brooks]

Sam, that's fine....but the question is "is the husband on the Note" ? If so, he will have to cooperate with the bank negotiation side of things. Since he is on title, he has to be on the mortgage, but this doesn't necessarily mean that he is on the Note. He probably is, but you need to verify if he will cooperate. If he Is on the Note, and won't cooperate, it's dead.