I have a homeowner who’s behind on payments, and I’d like to do a short sale.
The wife left the husband and went overseas to her country, they’re not on good terms. Both names are on the deed. How can I sign a sales contract or even a listing agreement if I don’t have access to the wife?
I can attempt to fed-ex her the information, get it notarized, and fed-ex it back, but the chances of that happening successfully look slim… anyone have input?
Offer her money to sign.
Another way to work this if you have the time and resources to maintain the mortgage.
Offer husband $100 for his half interest in the property. Argue that the husband can’t sell the property without his wife’s signature until a divorce is final and the court awards him the property. By then the lender will have foreclosed and he will get nothing.
When you get the husband’s interest, then either deal with the estranged wife, or sue for a partition sale.
Dave T you are a lil too creative for my current investment level :cool
but I got good news!
I just collected some files from the homeowner over the weekend and included was a notarized statement from January 2007 from the wife, authorizing the husband to sell the home. I guess it’s cause he had the house listed in January, but that should solve the problem! :biggrin
You will need power of attorney to sell without a signature. With out it you need to call a attorney.