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  1. #1
    Join Date
    May 2014
    Location
    Jacksonville, Florida, United States
    Posts
    2

    Default Buying a Jointly Owned House That is in Pre-Foreclosure

    The home I am interested in is a pre foreclosure. I have signed a contract and placed money into the real estate lawyers escrow account. The house has some title issues. The house title was split two ways, to the person that owns 1/2 of the house and to his brother. His brother passed away and half he house went to the other owners cousin. The cousin that owns half the house has not paid for any of the real estate payments or improvements to the house ( new ac/ windows). The 1/2 owner has attempted to contact the cousin and after sending a letter the cousin said that he would sign off on the house so it could be sold. However the cousin never did this and ignored all future inquires. The half owner is now attempting to remove the cousin from the title so that he can sell the house to me. My question is to anyone that has had a similar title issue. How long did something like this take to clear up in the courts. Also what are the chances that the judge rule that his name not be removed from the title.e located in the State of:

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Buying a Jointly Owned House That is in Pre-Foreclosure

    Are we to guess that this home is in Florida?

    Depending upon the cause of action stated, when and how the complaint is served, and whether the cousin defends against the lawsuit, we could be talking months or we could be talking a year or more. So far, you have not described for us any legal basis upon which the co-owner's name could be removed from the title. If the seller somehow manages to litigate the case on what you believe to be an acceptable time frame, make sure that your title insurance company is on board with whatever he's doing to remove the co-owner's name from the title.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Buying a Jointly Owned House That is in Pre-Foreclosure

    Also what are the chances that the judge rule that his name not be removed from the title
    based on what you have presented, there is a much greater chance the judge will not remove him from title than he will.

    there has to be a reason to remove him from title. You don't get to just ask and it be done.

  4. #4
    Join Date
    May 2014
    Location
    Jacksonville, Florida, United States
    Posts
    2

    Default Re: Buying a Jointly Owned House That is in Pre-Foreclosure

    Even if the property is going to be foreclosed on and that person has not paid for any payments on the house or improvements to the house, also he is non-responsive.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Buying a Jointly Owned House That is in Pre-Foreclosure

    Yes, even if.

  6. #6
    Join Date
    Nov 2013
    Posts
    6,997

    Default Re: Buying a Jointly Owned House That is in Pre-Foreclosure

    And even though the 1/2 owner has no standing to remove the cousin from the deed, the lending institution doesn't really care whose name is on the deed. They will continue on with the foreclosure. So who will get there first?

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Buying a Jointly Owned House That is in Pre-Foreclosure

    Buying it out of foreclosure is your best option. Ask your friend to continue living there and maintaining the premises to avoid hidden damages.

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