bying a house if the owner is deported

[partysupplies45]

My next door lady wants to sell me the house, but she is not on the titlle on the loan. Is unther her husband name, He was deported to Mexico and no chance of coming back soon. The house may go into foceclosure because she can't pay it. I like to by it. How can I by this house?

 

[army judge]

She must have her name on the deed.

The mortgage company has a lien on the deed.

In order for you to buy the house and get your name on the deed, the lien has to be cleared by paying off the note.

She has to be on the deed or have her husband's power of attorney to consummate the sale.

I'd be very careful with this purchase, if you plan to use cash.

You would be wise to engage your own property attorney.

If you'll be financing the purchase, your mortgage company will insure that things are legally done.


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[partysupplies45]

She must have her name on the deed.

The mortgage company has a lien on the deed.

In order for you to buy the house and get your name on the deed, the lien has to be cleared by paying off the note.

She has to be on the deed or have her husband's power of attorney to consummate the sale.

I'd be very careful with this purchase, if you plan to use cash.

You would be wise to engage your own property attorney.

If you'll be financing the purchase, your mortgage company will insure that things are legally done.


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I'm going to use a motgage co. But will a power of attorney from Mexico be valid in Texas. The lady next door told me she is geting one from her husband but they did it wrong in Mexico she have to go back. Is there another and save way to do this in Texas? Thanks

 

[army judge]

A POA from Mexico might not work in the US.

You need to speak with your mortgage company, as many of them don't like to accept them in the US.

If they do accept one from Mexico, it has to be translated into English.

Another option might be for her husband to go to the US Consulate or Embassy and ask them to complete one for him.

They do it for US citizens.

They might do it for his wife in the US.



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[army judge]

You could also just informally assume the note.

You'd need a quitclaim deed from her hubby and you could accept the POA.

You would also need a land contract drawn up by a local attorney.

Then you'd pay the note or the seller.

That has dime risk so make sure you do your homework.

Or, you could just rent to own on say a two year lease.

In two years you could work out the kinks and finalize the sale.

Just some additional options to consider.


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[jharris352]

I doubt the lender will want a POA from Mexico. I would send the final seller documents to an attorney in Mexico to witness his signature. But, ask your lender and they will tell you what THEY want to do. Don't give her money, let the lender figure this out.