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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] question for Ward: problem in title Posted by will on April 03, 2004 at 10:11 PM Hi Ward, I have a question I hope you can answer soon. I am currently dealing with a motivated seller whose TD sales date is on 4/8. I used your Projected Equity Worksheet to work out the split with the seller, and came to an agreement. The deals looks very good at this point. Since the TS date is right around the corner, I will have to use your emergency petition technique to buy some time. However, I have a problem with the title. The buyer is a widow, and the title only has her husband's name on it. He died almost three years ago. She says a Will that has her as the beneficiary of the house has been filed with the probate court(?), and a record to reflect that should have been recorded, but someone made an error and it still hasn't been recorded yet... I haven't had any chance to check the title or any records yet; I planned to first thing on Monday. 1st mortgage who's foreclosing has only her deceased husband's name on the note. Can she file the emergency petition to stall the sales even though her name is not on the note? In cases like this, can she legally sell the property? What does she have to do to be able to sell the property to me before the TD sales date? In your opinion, what should be my course of actions to get this deal? Again, I only have three days before the sales date. How do I save this deal? Thanks as always for your advise. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Hi Ward, : I have a question I hope you can answer soon. : I am currently dealing with a motivated seller whose TD sales date is on : 4/8. I used your Projected Equity Worksheet to work out the : split with the seller, and came to an agreement. The deals looks : very good at this point. Since the TS date is right around the : corner, I will have to use your emergency petition technique to : buy some time. : However, I have a problem with the title. The buyer is a widow, : and the title only has her husband's name on it. He died almost : three years ago. She says a Will that has her as the beneficiary : of the house has been filed with the probate court(?), and a : record to reflect that should have been recorded, but someone : made an error and it still hasn't been recorded yet... I haven't : had any chance to check the title or any records yet; I planned to : first thing on Monday. : 1st mortgage who's foreclosing has only her deceased husband's name : on the note. : Can she file the emergency petition to stall the sales even though : her name is not on the note? In cases like this, can she : legally sell the property? What does she have to do to be able : to sell the property to me before the TD sales date? : In your opinion, what should be my course of actions to get this : deal? Again, I only have three days before the sales date. How : do I save this deal? : Thanks as always for your advise. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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