Closing, but seller is in JAIL

[Toby Ima]

Hey guys I have a deal under contract, but one of the parties went to jail (6 month sentence). Both owners are willing to sell, but have no existing relationship. Any ideas on how to get it to close? Title company says we will need a notarized POA and assignee, but the seller does not know anyone. All help is appreciated. Thanks in advance.

[Aaron Poling]

My real estate partner has a listing right now where the seller is in jail and selling his property. From my understanding when you are in jail you have no legal right to sign anything. In my real estate partners deal they have an attorney who has the POA. He has signed off on the listing agreement, and all offers go to him. He picks the best one, signs off on it but has to petition the court to proceed with it. It has been an interesting situation.

I would suggest speaking to a local real estate attorney on how to proceed. It can be a pain working through this but will be worth it in the end. 

Good Luck! Aaron