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House Buy-out

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chiswick

Member
I’m actually borrowing the money from my sister and going to pay off the mortgage also. We are doing this with a promissory note and I will be paying her back each month.
 

LdiJ

Senior Member
I’m actually borrowing the money from my sister and going to pay off the mortgage also. We are doing this with a promissory note and I will be paying her back each month.
Ok, that's fine but once again, WHY do you want to put her buyout money in escrow with your attorney? What will that accomplish other than guaranteeing that it will take forever for her to get her money?
 

not2cleverRed

Obvious Observer
Ok, that's fine but once again, WHY do you want to put her buyout money in escrow with your attorney? What will that accomplish other than guaranteeing that it will take forever for her to get her money?
I suspect that he wants to make sure that the papers are signed.

Even if there's a basis for such suspicions, it would perhaps be wiser to try to amend the agreement to half now and half at signing. He can't reasonably expect her to move out otherwise, as her $ are tied up.
 

LdiJ

Senior Member
I suspect that he wants to make sure that the papers are signed.

Even if there's a basis for such suspicions, it would perhaps be wiser to try to amend the agreement to half now and half at signing. He can't reasonably expect her to move out otherwise, as her $ are tied up.
Possibly. However I have directly asked the question multiple times and he has deliberately chosen not to answer.
 

chiswick

Member
Putting it in escrow is what my attorney recommended. We just don’t want to give her the money ahead of time of her not signing her name off deed and vacating the home.
 

LdiJ

Senior Member
Putting it in escrow is what my attorney recommended. We just don’t want to give her the money ahead of time of her not signing her name off deed and vacating the home.
If you did that to me (put the money in the attorney's escrow account, guaranteeing it taking forever to be paid to me) I would flat out refuse to move out of the home until the divorce was final. I would also let the judge know that instead of just buying me out and getting it done, like the judge suggested, that you deliberately made things more complicated.

Yes, she should have to sign her name off the deed in order to get the money, but you cannot expect her to vacate before she gets the money because she will NEED the money to secure other housing.
 

chiswick

Member
I got approved for refinance loan today for home buyout. Just in time for court date for vacate order. Closing is next day hopefully or day after.

Wife will be shocked and blindsided. Thinking she will get to stay in home till end of divorce. Hey the judge will think she is nuts if she doesn’t follow through with signing at closing.

Her attorney will know I followed through with buyout like my wife said to her attorney he knows what he is exactly doing. Soooooo what’s wrong with that? I’m obeying court order. Too bad if she don’t like it. She will be getting a check for almost $177k that day presented to her.
 

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