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Updated over 4 years ago on . Most recent reply

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Uneeq Khan
  • Bound Brook, NJ
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Owner going to Jail, what happens?

Uneeq Khan
  • Bound Brook, NJ
Posted

Know an owner going to jail. lives alone. Sole owner. What happens to the property?

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Kyle J.
  • Rental Property Investor
  • Northern, CA
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Kyle J.
  • Rental Property Investor
  • Northern, CA
Replied
Originally posted by @Uneeq Khan:

Know an owner going to jail. lives alone. Sole owner. What happens to the property?

Well that's not much info to go on.  Did the owner go to jail because he got just arrested for something and he could possibly bail out soon?  Or has he been convicted/sentenced for a serious felony and is going to prison for a number of years? 

Does he own the property free and clear?  Or does he have a mortgage?   If there's a mortgage, do you know if payments are made automatically and will continue to be made?  Or will they stop?

With so many unknowns, it's hard to give a definite answer.  What I can tell you is that, technically nothing happens to a property just because someone goes to jail.  Something might happen to a property because someone goes to jail AND something else happens - like the person stops making payments or they decide to sell the property (yes, you can sell a property even if you're in jail).

Add in the current foreclosure moratorium (not to mention any additional extensions that might happen) to all these unknowns , and it's anybody's guess what will happen with the property.

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