Question on possible deal on a property with a reverse mortgage

[Richard Vandenberg]

I am working on a deal that has a couple of issues that I'm working through and thought I'd seek the advice BP members. It's a trust sale and does not need to go through probate.

Deal specifics:

Property has a reverse mortgage but still has plenty of equity and ARV upside.

The owner of the property passed away 2 months ago. Husband of the owner, who is not on title and has never had an interest in the property other than living there, is fighting the 2 daughters for control of the property. The property was in the deceased woman's family prior to the marriage. Both daughters held title until 2005 and transfered property into the mothers name so she could get a reverse mortgage.

The mothers will, which was recognized by the court, gives the property back to the 2 daughters after her death.

The problem:

The husband, the person still living in the property, is claiming ownership and refusing to let the daughters into the property to collect their mothers person effects. Additionally, he is fighting the sale of the property and claiming he is the legal owner. 

The daughters are paying all utilities, property taxes and other expenses associated with the property. The husband has never paid for any of the expenses of the home.

The husband is a hoarder and lover of feral cats, which he attracts by leaving food outside for them to eat. Rats and other pest have free run of the property. The neighbors are eager for him to vacate the property.

The property is located in a very liberal area of Northern CA and the attorney retained by the daughters is claiming there is nothing he can do to get the husband out of the house. 

The husband is 89 years old and the neighbors and daughters say he is mentally unstable. I have not met him because the front door is chained shut and he won't answer the door.

Question:

Does the husband have legal standing to remain in the house?

Can he claim ownership of the house based on his marriage to the wife.

If I purchase the property with him in it would it be easier for me to get him out of the property than the daughters?

What is the worse case scenario? 

Exit Comment:

For those that tell me to let the daughters evict before I buy the reason I'm getting the property is because they don't want to deal with him. 

I am getting the property at a substantial discount because of the condition of the property and the problems associated with the husband.

Thanks for your input and comments.

Richard