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Updated over 8 years ago on . Most recent reply

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182
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Troy Durrette
  • Flipper/Rehabber
  • Conyers, GA
26
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182
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Seller does not know if he has a mortgage on property.

Troy Durrette
  • Flipper/Rehabber
  • Conyers, GA
Posted

Seller has a property he is trying to sell and does not know IF there is a morgage on the property. His son owns it but unable to talk. Dad has power of attorney to do EVERYTHING on the sons behalf, but not sure of ANYTHING about the house. He thinks it's paid off. Any advice would be great

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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied

@Account Closed  could be a private mortgage not showing up on credit report.

but really this is two issues  

1. is their a recorded Deed to Secure debt or not..  

2. will this POA be adequate to convey title and will a title insurance company insure it.

this is what needs to be addressed and resolved if the OP is going to buy this or flip it right.

So in my mind I would simply open an escrow pay a few hundred bucks and get a preliminary title report and title commitment.

it will show any and all Liens that need to be addressed and it will also let you know who is in title and who needs to sign to convey title at that point you present this POA and its up to the title company to decide if its good enough.

now in some cases they will want their escrow officer or another third party to go to hospital or were ever the owner is living to verify they are real and this is the intentions.

I know we have to do this with extreme elderly that don't understand or those that do not speak english. usually thou they can come to the title company personally 

everything else is just supposition and trying to conduct real estate without spending a dime  LOL

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JLH Capital Partners

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