Buying a house from someone who is in prison

Buying a house from someone who is in prison

Flipper/Rehabber · Chicago, IL · Member since 2009 · 15 posts · 0 votes

Hi All,

Let me start off by saying Biggerpockets is the best. The Grant Cardone podcast was great!

I have a vacant property that is owned by someone who is prison-he has a fresh 35 year sentence and he's 65. Initially, I sent a postcard to his son, who I thought was the owner because he bears the same name as his father, and he responded. After signing a purchase agreement with the son, finding and contracting a buyer, doing title search, and preparing closing docs, my attorney and I discovered the father, who is in prison, was on title and needed to sign the closing docs. He is totally on board with selling. The problem is:

Getting the closing docs notarized and back to my attorney. He has the closing docs but, from what I'm hearing, he has to make a request to go to the library in order to see the prison notary.

I contacted a mobile notary and he's willing to go but this is a high level security prison so its hard to get him in.

Any ideas about how I can get this done? Is there a way the son can handle this for his dad?

Hope my post clear and understandable

Thank you in advance

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  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    11y

    The father could sign a Power of Attorney making his son his agent and able to sign on his behalf. 

  • Flipper/Rehabber · Chicago, IL · Member since 2009 · 15 posts · 0 votes
    11y

    @Kyle J. Thanks for your response.

    POA docs have to be notarized too. The problem is getting docs notarized in a timely fashion in prison. It's just no way to tell how long it will take. Trying to see if there's another way. Buyer has been patient but getting antsy.

  • Investor · Sacramento, CA · Member since 2012 · 144 posts · 65 votes
    11y

    get a new attorney.

    The attorney can set up an appointment himself and walk right in (tell him to bring lots quarters because the inmate will want to eat lots of candy at the vending machine).  The prison will have an approved notary that you must use,  have your attorney set it up.

    Good luck

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