Is a short sale possible if the owner was deported?

[Lenzy Ruffin]

Driving for dollars, I found a vacant property with foreclosure paperwork posted on it. After doing some research, I tracked down one of the "owners." I put "owners" in quotes because it's two brothers: Both of them are listed on the property at the tax office, but only one of them took out the mortgage. Maybe this is not uncommon, but I'm new to investing, so I thought it was odd. 

Anyway, the brother who took out the mortgage got deported. The brother who still lives in the area had Power of Attorney, at some point, but it is no longer valid. If the brother who was deported is willing to grant Power of Attorney to his brother again, is it within reason to think that the bank would accept proof of the deportation as the hardship to justify a short sale? 

The reason I ask is because the brother who is here told me that the brother who got deported doesn't care anything about the house or the foreclosure since it doesn't affect him. So it's safe to assume that the guy isn't going to be interested in filling out all of the paperwork normally required for a short sale. But it's always possible that he might be willing to put forth a minimal effort to get the house sold. I'm wondering if Power of Attorney and proof of deportation is enough to get a short sale done. 

[Jim Viens]

It's possible. Keep in mind the bank will not speak to anyone but the borrower or their designee about the account. If somehow the brother could get you in touch with the borrower he would be willing to name you as the designee to negotiate with the bank on his behalf? It's just a simple one-page form they would have to fill out and sign. I would think the bank would consider deportation as sufficient hardship but then again banks don't always operate according to the standard rules of logic.

Good luck!