Is it ok to have a third party sign a deed? I have run into a situation where a husband and wife purchased a home together in 1988. Both are on title. They separated in 1999 and the wife is estranged. The divorce was finalized in 2005, the wife did not show to the proceedings. The husband got the house all assets and no alimony payments to her. How is title transferred in this case? I thought that she would have to sign a grant deed or interspousal transfer deed to him. Instead a third party who is unrelated to the case signed the deed on her behalf. This has transferred all ownership to him. Is this legal? I am a notary and have always been told that you need everything but a blood sample to transfer Real Estate Title. How can someone sign her rights off of the property? Would the judge or someone related to the divorce proceedings sign it becuase she is estranged?
2006-07-06 09:58:38 · 4 answers · asked by B26 3 in Business & Finance ➔ Renting & Real Estate
First time for everything, but I had a similar transaction. A man came to me about doing a refi. His wife had been missing for over 7 years, not even made contact with her children during the time. No title company would insure the property, the lenders were ready to close the loan with out her.
Just last year the same client cotacted me, his wife had been arrested and she had gotten an attorney. The attorneys filed a Lis Pendens against the property on the wifes behalf. To make a long story short, a court can appoint a person on the missing persons behalf to make decisions. However the court can not make the Title companies insure the home against claims. Nobody disappears for good, I imagine the man can not get financing, and unless his spouse is deceased he will be unable to remove her from title. No court can force the title company to make an exception.
2006-07-06 11:42:55 · answer #1 · answered by Jacque w 3 · 2⤊ 0⤋
1
2016-04-25 16:07:52 · answer #2 · answered by ? 3 · 0⤊ 0⤋
All that is needed is a copy of the divorce decree stating that the property is to be transferred to the husband. She does not need to sign anything.
2006-07-06 10:25:53 · answer #3 · answered by Martin 2 · 0⤊ 0⤋
The monetary corporation holds a lien on the belongings to guard the inner most loan. you may end declare your rights to the belongings, although the monetary corporation may nevertheless have a lien on it for his or her very own pastimes. Your buddy may then have identify to a belongings with a lien out of your monetary corporation that should be satisfied beforehand she will promote the belongings. till that element, the monetary corporation expects you to make the funds, in spite of who owns the rights the monetary corporation wouldn't have by using the lien. So your credit record receives hit in case you bypass over any funds, or perhaps if that is a recourse belongings in California, the monetary corporation can come once you for the version in the journey that they foreclose and get decrease than the dazzling personal loan stability. Time to make certain an legal specialist for this in case your buddy is attempting to get you to end declare the belongings and not in any respect refinance the inner most loan. you likely choose her to get her own financing beforehand you end declare your rights.
2016-11-01 08:08:52 · answer #4 · answered by ? 4 · 0⤊ 0⤋