co-mortgage holder cannot be found, property needs to be sold

[s lee]

A friend of mine needs to sell her house and the gentleman with whom she had co-signed the mortgage cannot be found. I read an article in the newspaper that mentioned a 'blind' trace or something to that effect that would notify him at last known address that the house is to be sold and if he does not appear (in court?) the house will revert to her name and can be sold. I can not find any reference, to this anywhere. Can someone enlighten me?

 

[Tracey]

It doesn't matter if he cosigned the mortgage. However, if he's on the deed, she'll have to get court permission to sell the house. She should consult a lawyer about a court-ordered sale or an order giving her power to convey all the property.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[s lee]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
It doesn't matter if he cosigned the mortgage. However, if he's on the deed, she'll have to get court permission to sell the house. She should consult a lawyer about a court-ordered sale or an order giving her power to convey all the property.

<HR></BLOCKQUOTE>

Thank you much Tracy,I will e-mail her your reply. He probably is on the deed. I assume a real estate lawyer would be best for something like that? Are you familiar with that term I mentioned, at all?

 

[Tracey]

Well, a blind trace could be like a skip trace. A tracing firm or private investigator searches the country looking for the guy's social security number. It's harder if all you have is a name/birthday.

If she can't find the guy, she'll have to serve him by publication. This may require a court order first & will be expensive.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!