Legal Question in Real Estate Law in Pennsylvania
Sale of real estate
We want to purchase a house at short sale. The house is owned by hysband and wife and they ae 8 months behind. They are separated and the husband is no where to be found. How can the wife sell it without him?
1 Answer from Attorneys
Re: Sale of real estate
1. "Short sales" require that the lender agree in writing to accept less that is owed to it in order to release the property from the mortgage. If you buy in this situation without the lender agreeing and providing a mortgage release, you are in danger of losing the house to a foreclosure sale by the lender.
2. If a husband and wife both own the property, one cannot sell without the cooperation of the other. If he can't be found, she would have to go to court to try to get title in her name along -- unlikely unless she goes through a very arduous process of trying to find him and satisfying the court that he can't be found. Even then, courts do not like taking property from people who are not aware of the proceeding.
Best advice: find another house with fewer problems.
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