So close and BAMM! not too fast. Help

So close and BAMM! not too fast. Help

Investor · Fall River, MA · Member since 2019 · 53 posts · 26 votes

Hello Bp fam,

I am working on a wholesale deal in N.C , the day before closing the Owner's husband decided not to sign the paperwork for the attorney. Husband states that, his name is not on the deed, therefore he doesn't have to sign any documents. However, I was informed by the attorney, even though the property deed is under the Wife's name, because they're legally married any judgements found under the husband's name must be verified.

Owner now wants to a Quit Claim deed, and no longer wants to deal with the attorney process. North Carolina is an attorney state. Owner wants to transfer right to property via Quit Claim and be paid right then after.

How would you handle this situation? Given the fact its an attorney state.

I have informed the end buyer of the situation, and they still want to purchase the property, and are willing to pay the judgements, depending of the balance. * I cant get the balance, because husband still refusing to sign release document for attorney* smh lol

Any idea or suggestion on possible ways to get this done? Thank You

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Raleigh, NC · Member since 2011 · 721 posts · 343 votes
7y

In the state of North Carolina, if it is a married couple.  Both must sign.  It doesn't matter if the husband is on the deed or not.  Both must sign.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    7y

    Yeah...  

    From your description, my guess is the husband has a legal claim on the property and the wife is trying to get around the law.  Do you really want to buy a property and a year or two later have the husband take you to court only to find your purchase was invalid?

    Talk to your attorney.  Trust what they say.

  • Raleigh, NC · Member since 2011 · 721 posts · 343 votes
    7y

    In the state of North Carolina, if it is a married couple.  Both must sign.  It doesn't matter if the husband is on the deed or not.  Both must sign.

  • Realtor · Tempe, AZ · Member since 2017 · 541 posts · 442 votes
    7y

    I would never do a quit claim like that, dig and figure out why he doesn't want to sign. Ask the attorney for his advice. You may be able to register your contract with the city so that if they try to sell down the line they have to sell to you? Not sure how it works in NC, but the attorney will know

  • Investor · Fall River, MA · Member since 2019 · 53 posts · 26 votes
    7y

    @Greg Scott The wife is ready to sell the property. It's the husband who's insisting on receiving straight cash for it.

    The attorney found judgments against him, and I think he's trying to prevent his wife from finding out.

    I'm most likely will walk away from this one. Too many red flags on his part.

  • Investor · Fall River, MA · Member since 2019 · 53 posts · 26 votes
    7y

    @Roland Paicely

    True, that's what I tried explaining to the husband. He refused to accept the facts. The attorney office even tried calling him, he got upset and hung up.

  • Investor · Fall River, MA · Member since 2019 · 53 posts · 26 votes
    7y

    @Dustin P.

    Thank you I appreciate it. I think he's trying to hide somethimg from the wife. I have spoken with the attorney, and I am most likely will just walk away from this one.

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