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Updated almost 3 years ago on . Most recent reply

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James Shaffar
  • New to Real Estate
  • Foley, AL
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His name is on the Deed

James Shaffar
  • New to Real Estate
  • Foley, AL
Posted

New to REI but have been around it for 20 years. Found my first home and the wife is ready and willing to sell to avoid foreclosure (house is going to auction in 6 weeks). However the husband is in jail awaiting trial and will be using the insanity plea. As such judge is not allowing the divorce/separation to proceed. The settlement has him quit claim the house to her but it is stalled. The Judges grounds for this revolve around mental competency. Any creative ideas for getting him off the deed? I even considered buying the mortgage and trying deed in lieu of foreclosure. Still would need his signature. Do I have time to petition and get a Power Of Att for him?
First time in and felt like I got drug straight to the deep end. Any suggestions on how to acquire the house while helping the wife avoid the foreclosure

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Chris Davidson
  • Real Estate Agent
  • Boise, ID
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Chris Davidson
  • Real Estate Agent
  • Boise, ID
Replied

@James Shaffar Wife having a POA. If he is going to be certified insane the judge should allow the wife to get a POA. Get title to clear it all but that should be simple enough. You should be able to do this all in less than 6 weeks.

Hope you have a smooth and productive Monday!

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