Refinance with a glitch

[fulfie]

What is the name of your state? Texas
We are trying to refinance our house and just found out that almost 10 yrs ago when my father co-signed the loan, he was also placed on the title, which he did not want to do. Long story short, my father who is 86 yrs old is now married to his third "wife" 17 yrs his junior. His health is declining and owns property. Anyway, she told my uncle on the last time that he was fortunate enough to speak with his brother, that she was taking him out of the country to Uruguay and may not return. This was in July, my uncle thinks. They lived in Montana and were involved in the cult church up there. Anyway, all the refinance steps have been completed except for a warranty paper that they said needed his signature. In this case where he is out of the country and we have no way of contacting him, and since we are not at this time trying to remove his name from the title, is there any way that we can side step this and proceed? We are not using any of his information to complete this refinance. We have no intention of selling this place either. We were trying to close by Dec. 15th, so we need to know what options we have.
Also, if he had a serious illness and she decides to take durable power of attorney, will that give her control over our home, since they were not married at the time this house was purchased? We think that is why she married him was to get control of what he owns. We do not know if there has been a will filed and I don't know how to optain that information if it is available. I am sole heir and I really don't want a fight, but I will if I have to. Everything my father owns was his own way before this woman came in to the picture.
Thanks for any help you can give me.
Dana Lindley

[pojo2]

Originally Posted by fulfie

I am sole heir

WRONG! Didn't you say this woman was his wife?

To LEGALLY complete your transaction you will need his signature.

And just when is the last time you saw your father? Do not tell me she will not allow it, if you wanted to see your father you WOULD. And if you say it is to big of a hassle but you WILL fight for your inheritance your motives are clear.

If they sell everything and move to another country and everything ends up in her name who do you have to blame but his family for not being involved in this 86 year old mans life?

Good luck.

[fulfie]

Yes, she is his wife. The last time I saw him for any length of time is when he came here from Montana where he resides/d. Unfortunately, I am not in a financial situation that I can afford to just jaunt up to Montana every time I wish to see him. I have had constant contact with him up until this marriage. She feels that since I was only adopted by him and not a blood daughter, that I don't need him and he certainly doesn't need me. Because of this, she tears up our mail we send, intercepts mail notifications that he would have to sign for mail at the post office. She deletes all messages on the answering machine, not just ours, but his brothers' messages as well. I know this because he told me the last time I spoke with him last March. We used to talk on the phone at least once a week until this marriage. She has physically hurt him while we were on the phone, she chucked the phone at him and hit him in the head. We called the police to check him out and she has been thoroughly against us ever since. Is there some legal step I can take to make sure that I can contact him without her interference?
According to records that I can gain access to, the house in Montana is still in my fathers' name, not hers, and this house has his name as well as mine and my husbands.
Also, you said I was wrong. About what he owns as only his? What state are you referring to? Texas is a community property state and so is Montana. What he owns before he marries is still his sole and separate property unless he decides to either will it, or add her name to the existing title. The only thing that is community is whatever they purchase together during a marriage, not something that was purchased over 10 years before that marriage ever existed.
Now, is there any way to trace a filed will if there is one? I know the town it would have been registered in (county). Now the original question is...if they have left the country and there is no way to trace exactly where they are, how would I have to go about refinancing or even selling if I decide to? Are there certain notifications that I would have to make?
And yes, my father means a lot to me. He is my only surviving parent and I don't want to lose him. I just can't afford to go see him. Do not insinuate anything else!
And as far as my motives, I just do not want to see any cult get what I know my father worked so hard for, Nor, any arranged marriage with someone that is only interested in what she can weasel out of it.

[Ohiogal]

Originally Posted by fulfie

Yes, she is his wife. The last time I saw him for any length of time is when he came here from Montana where he resides/d. Unfortunately, I am not in a financial situation that I can afford to just jaunt up to Montana every time I wish to see him. I have had constant contact with him up until this marriage. She feels that since I was only adopted by him and not a blood daughter, that I don't need him and he certainly doesn't need me. Because of this, she tears up our mail we send, intercepts mail notifications that he would have to sign for mail at the post office. She deletes all messages on the answering machine, not just ours, but his brothers' messages as well. I know this because he told me the last time I spoke with him last March. We used to talk on the phone at least once a week until this marriage. She has physically hurt him while we were on the phone, she chucked the phone at him and hit him in the head. We called the police to check him out and she has been thoroughly against us ever since. Is there some legal step I can take to make sure that I can contact him without her interference?
According to records that I can gain access to, the house in Montana is still in my fathers' name, not hers, and this house has his name as well as mine and my husbands.
Also, you said I was wrong. About what he owns as only his? What state are you referring to? Texas is a community property state and so is Montana. What he owns before he marries is still his sole and separate property unless he decides to either will it, or add her name to the existing title. The only thing that is community is whatever they purchase together during a marriage, not something that was purchased over 10 years before that marriage ever existed.
Now, is there any way to trace a filed will if there is one? I know the town it would have been registered in (county). Now the original question is...if they have left the country and there is no way to trace exactly where they are, how would I have to go about refinancing or even selling if I decide to? Are there certain notifications that I would have to make?
And yes, my father means a lot to me. He is my only surviving parent and I don't want to lose him. I just can't afford to go see him. Do not insinuate anything else!
And as far as my motives, I just do not want to see any cult get what I know my father worked so hard for, Nor, any arranged marriage with someone that is only interested in what she can weasel out of it.

You are wrong (at least if it is similar to Ohio). She as his wife has dowry rights in any property he owns. By being on the title he owns property. Any equity that accumulates during their marriage is partially hers. So in essence because he is on the title, his wife has an interest in your home. And most mortgage companies will NOT allow someone to sign a mortgage who is not on the title.

[pojo2]

If this woman is as evil as you insinuate then maybe she will forge documents etc. in order to sell all property and then leave the country.

A Will is usually not made public until one dies. Therefore the Will will be be "filed" when he passes. Until then it can change many times and is basically no ones business until such time as his death.

As an aside someone boinked my elderly father over the head while I was on the phone with them, I would have been on the first plane, bus, train, or hitchhiked to get to him and filed for guardianship instantly!

[fulfie]

I called the police on her the moment we got off the phone with them. She would not allow them to see my father. They said that he was indisposed, at least that is what they told us when I followed up on my complaint. They said that they could not do anything unless they personally saw any injury or he filed a complaint.
Just out of curiousity, even if he is married, can someone other than his spouse file for guardianship? Either myself or his brother would be interested in this.
As for possible forgery, I personally would not put it past her. She was trying to convince him a few months back to put her name on his bank account, so he opened a separate account with her, but kept the original one opened.
That is another angle I just thought of. If I contacted his bank, would they at least be able to tell me if his account is still open and active? That way, if it is active, it would tell me if they are still in the state and she was just blowing smoke to get us to leave them alone. That would mean that I could still serve him papers. I have an attorney here that is trying to draw up formal papers to get my dad able to sign off on this house. This would also seem like a good deal to his wife since she doesn't want us to contact him anyway. If his name is off the title to my house, she will think that I am breaking ties with him, and she should be very happy. (I did a little snooping on the internet, and found that they have an unlisted number but I would have to pay $7.95 for a 1 day access to the sight.)
If by some chance we cannot locate him, what legal process do I have to take to remedy this? Keep in mind, my house is in Texas and he resides in Montana. Any information would be appreciated.
Thanks.