In A Mess, Need Advice

[olikolik]

What is the name of your state?Ohio

I will explain my situation as best as possible and if you need more info please ask. We are in the process of purchasing a house through a realtor. The house is owned by 3 people who are on the title. The people are a man and his parents. They are all listed on the title. We made our offer, they accepted, and now we have the issue. The son is incarcerated. When they went to the jail to get him to sign the contract, they were not allowed to bring the paperwork into see him because it is contraband. So they have to mail it to him. When we finally get it back it has all 3 signatures, but his is in pencil. We have been reassured by the realtor that this is not a big problem. So we move on, we tell the bank when we want to close, and they call back and tell us there is a problem with the title.

Problem is how can they get the incarcerated son's signature on the title? He cannot have a pen in jail, it is prohibited, and on top of that, if he does get a pen, how do they get a notary in to witness him signing? Now we have paid our non refundable application fee, and we have to be out of our house soon. The contract states that closing will happen within 30 days, but I am not sure about what will happen. What do they need to do to get this guy's signature? What recourse will I have if we cannot get his signature and I lose my applicaion fee and have to find temporary housing?

Any help is appreciated.

[MortgageGuru]

Go to the prison with the notary and the quit claim deed and a pen. When the lazy a^% guard starts giving you a hard time then ask to speak to someone with authority and let them know that you are there for a legal matter which requires his signature in ink. Have the guards itemize the paperwork and the contents of the ink pen and they can inspect to make sure you leave with them afterwards. Don't take no for an answer.

[olikolik]

I would love to do just what you said, but the matter is in the hands of the seller's real estate agent and the sellers. I asked them why they had not done what you just said and I was told that it was against jail policy. This guy is in county jail, and I am not sure if the rules may differ from prison or what.

Have you run across this before, you sound very experienced in dealing with this. Are the rules different for county jail and prison regarding contraband and whatnot, or do you think we can demand that this be allowed.

I guess my biggest fear is that they back out or cannot/won't get this done and I will be out of money and home.

[nextwife]

That's a bunch of hooey. I know of plenty of closing docs that were signed and notarized in prisons or county lock-ups. And I know that title company closers, realtors, and attorneys have all been parties that have hand carried those docs to the jail to be signed, to expedite the closing.

To be in recordable form, the signature MUST be in pen, and must be properly notarized.

If it were me, I'd get on the phone to the county jail, ask to speak to someone with some authority, and explain that you have a closing deadline. Tell them an executed deed was returned to you from an inmate with penciled signature and that the document now needs to be done RIGHT - expeditiously. ASk them how to arrange for someone to hand carry it there for immediate signature. Or, at minimum, if it were Fed-exed, how can you be assured that it will be done correctly?

[HomeGuru]

Originally Posted by olikolik

I would love to do just what you said, but the matter is in the hands of the seller's real estate agent and the sellers. I asked them why they had not done what you just said and I was told that it was against jail policy. This guy is in county jail, and I am not sure if the rules may differ from prison or what.

Have you run across this before, you sound very experienced in dealing with this. Are the rules different for county jail and prison regarding contraband and whatnot, or do you think we can demand that this be allowed.

I guess my biggest fear is that they back out or cannot/won't get this done and I will be out of money and home.

**A: the seller and the agent are not trying hard enough. It can be done.

[olikolik]

Okay, what can I do to ensure they are trying harder? Do I just call the selling realtor and demand that they get this done?

It has crossed my mind that they are having remorse for selling the house at the price they did. They bought the house 2 years ago for their son, who has ended up in jail now. They agreed to sell the house for about 5,000 under what they paid 2 years ago, and they agreed to pay all closing costs.

If this is the case, am I out of everything I have put into this deal? I have paid a non refundable application fee for my loan.

Is there anything I need to do that I am missing, I want to cover all bases on my end to ensure that if they back out I am not sitting with the debt.

Should I just sit tight and hope it goes through, and worry about the other stuff if and when it happens?

[HomeGuru]

Originally Posted by olikolik

Okay, what can I do to ensure they are trying harder? Do I just call the selling realtor and demand that they get this done?

It has crossed my mind that they are having remorse for selling the house at the price they did. They bought the house 2 years ago for their son, who has ended up in jail now. They agreed to sell the house for about 5,000 under what they paid 2 years ago, and they agreed to pay all closing costs.

If this is the case, am I out of everything I have put into this deal? I have paid a non refundable application fee for my loan.

Is there anything I need to do that I am missing, I want to cover all bases on my end to ensure that if they back out I am not sitting with the debt.

Should I just sit tight and hope it goes through, and worry about the other stuff if and when it happens?

**A: time to have a real estate attorney send a demand letter.

[olikolik]

Finally got things worked out, have purchased the house, thanks for the help guys.

[HomeGuru]

Originally Posted by olikolik

Finally got things worked out, have purchased the house, thanks for the help guys.

**A: right on.