If he is willing, he will need to sign a quit claim deed in order to release ownership in the property. (The loan will be paid off at the time of sale releasing his liability off the loan.) He must be off of title, then the property can be put up for sale. She may want to consider a little payoff to him if needed. The fact that he is in jail is not good...Often times judgments are filed for Attorney's fees if the client can not afford his Attorney. This will put a lien on the property and must be paid off at the time of sale. (Having parties sign a deed in jail it actually very common. parties will sometimes do this in order to avoid potential liens placed on the property for both Attorney's fees and civil judgments) Contrary to other posts, he is able to sign a deed in jail. I have done this a couple of ways...You will need to call the jail and determine the best method. 1.You can send the deed to the jail. There is usually a Notary available at the jail for use. 2. You can send a Notary to the jail with the deed. A Notary is able to use the inmates jail ID as identification. (I have done this personally, good luck finding a Notary willing to do it though.) The jail makes it a safe process, but the waiting is very time consuming. I was also a little freaked Notarizing for a prisoner. 3. If there is an Attorney involved already, she/he can come in on a "legal visit" and get the deed signed an Notarized for you. Once the deed is received, file it with the county recorder ASAP. You may want to consider identifying a closing agent now to use for the sale. They can prepare the deed for you and also pull title in advance to see if he has incurred any judgments. (if he has, have him sign a authorization to release information to his wife or the closing agent so the payoff can be ordered.) Please do not use a deed from the office supply store! If prepared improperly, it can cause more harm than good. Please note that if the property is located in a community property state. There must be a way to deed of the property indefinitely. In a state like MO and FL (homestead property only) for example, the spouse must deed of on EVERY transaction. They always have an interest in the property that can not be removed. A deed between spouses is useless. However in CA, a spouse can deed off one time and will relinquish the interest in the property indefinitely.
by greeneyedblond31558 - a day ago
Sit down with the Title company and draw up the documents. if he was used to qualify for the loan and is on the mortgage, you can't just remove him with a quitclaim deed. You will have to refinance the loan into just your name, and qualify using just your income, debts, and credit. He will have to sign some papers agreeing to release him from the property through this refinance. http://www.choicerealestate.net/
by matsonb - a day ago
I had a warranty deed prepared by a lawyer concerning my home and sent it to the ex-husband to sign. he was going to let the house go into foreclose but was to make he payments so took over the house payments and I make them ...so I took over the payments and they have never been late in fact they get there early . I have the money to pay the house off but I really want his name off the house. we have 3 children and this is their inheritance and I really do not trust his new wife who he left me for she is the same age as our oldest daughter in fact she is really money hunger so id anything happen to me she will have my children cut out of everything . I sent this to him register mail and she is the one who signed for it ...and he isn't responding to several message I have sent I just need some suggestion what to do I lam at loss
by brenda - a day ago
She should probably get a lawyer to help her because there is more to it than just having him sign a document.
by Alterfemego - a day ago
he'd have to sign his rights off.
by sarah W - a day ago
if he is willing to sign the deed then have some one prepare the deed and take it to him to have it signed
by goz1111 - a day ago
She can't. If he is a prisoner then he LEGALLY CANNOT SIGN A CONTRACT because he is the ward of the state. She has to go to court and get a judge's order to allow him to sign to validate his signature, and she has to go through normal court proceedings. Sorry, no other way around it. PS: Keep in mind she is NOT stuck with ANY bills that are NOT in her name. If she has no equity in the home, then she just needs to walk away from it b/c it's not her responsibility if her name is not on the deed or the mortgage.
by Expert Realtor - a day ago
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