Brother's in jail, squatter won't leave, house is a wreck

Brother's in jail, squatter won't leave, house is a wreck

Bozeman, MT · Member since 2017 · 40 posts · 25 votes

Hi BP community.  Any suggestions, or guidance on this one would be most appreciated!  Here's the deal:

Two brothers inherited their mother's home when she passed away. One brother is in jail for 15-life, the other is recovering from heroin addiction. They are both on the deed as joint tenants. The brother who is not in jail is living in a fifth wheel on the property. The brother who is in jail signed a lease agreement with his ex and she is now squatting in the property. The house is a wreck, but also totally salvageable. I have a buy/sell agreement with the brother who is not in jail with a purchase price of 65k. ARV is 170k and rehab costs are ~40k. Here is what I need to figure out.

1. How do I get the brother who is in jail to sign the buy/sell agreement, and what else do I need to consider with regards to his situation.

2. What do I do about the squatter?  She was served an eviction notice, and then subsequently thrown in jail for assault.  But she was released today.  The brother who lives on the property was boarding it up yesterday in an attempt to keep her out, but chances are good that won't work and she'll get back in.

3.  What am I not considering?

Thanks in advance!

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Point Roberts, WA · Member since 2015 · 102 posts · 18 votes
8y

There are mobile notaries who travel to signers in jail.  You could FedEx documents to the notary along with payment.

To find a notary offering this service, try the Find a Notary tab at www.NotaryRotary.com

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  • Dave Van HornPro Member
    Fund Manager · Wayne, PA · Member since 2009 · 1k+ posts · 1k+ votes
    8y

    @Egan Lohman

    1.) Money. Offer him money to sign it. Why wouldn't he sign over the property if he's in jail for 15 to life? Especially if you offered to pay him. Could you have the brother who is not in jail to help mediate with this?

    2.) Money. Pay her to leave. Though I should mention, if she's on the lease, then she's not a squatter and the lease has to be offered. That part I'm not entirely clear on. Either way, you can make that part of the agreement of sale, that the sale of the property is contingent upon the property being vacant. Then it's up to the seller(s) to get the squatter out. Do a pre-settlement walk through to be sure.

    3.) The brother in jail is still in touch with the woman and won't the sign the property over if it means his ex is kicked out. But maybe not, if they're no longer together.

  • Bozeman, MT · Member since 2017 · 40 posts · 25 votes
    8y

    Very good @Dave Van Horn!  I hadn't concerned just trying to buy everyone out.  Seems like a win/win all around.  The lease agreement with the squatter was signed in 2013 and expired that same year.  She's just been in the place ever since, without paying rent.  Brother in jail wants to sell, but just wants to make sure he gets his cut.  I've never visited an inmate - trying to figure out if there is a way I can get him the contract without actually visiting him in person.  

  • Dave Van HornPro Member
    Fund Manager · Wayne, PA · Member since 2009 · 1k+ posts · 1k+ votes
    8y

    Thanks! Hope this helps. And maybe the other brother can visit him so you don't have to.

  • Point Roberts, WA · Member since 2015 · 102 posts · 18 votes
    8y

    There are mobile notaries who travel to signers in jail.  You could FedEx documents to the notary along with payment.

    To find a notary offering this service, try the Find a Notary tab at www.NotaryRotary.com

  • Bozeman, MT · Member since 2017 · 40 posts · 25 votes
    8y

    @Olivia C. that is awesome information to know!  Thank you!  I just found out that my boy has been transferred to a more local detention center for a court hearing, and a staff member can notarize documents one day per week.  So I just mailed him an introduction letter, and will drive down and visit him in person next week.  Assuming we come to an agreement, I can mail him the docs and he can get them notarized by a staff member.  Easy peasy :).

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