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Updated almost 6 years ago,

User Stats

49
Posts
17
Votes
Mark Enriquez
17
Votes |
49
Posts

A pending divorce in the pre-foreclosure

Mark Enriquez
Posted

Hi,

I'm approaching the owners on a pre-foreclosure, both owners, each at different addresses. They are going through divorce and foreclosure. I assume the foreclosure is stemming from their divorce. It is saddening. 

I did the title search on the property, and the Husband owns the house, took title as married, wife was not listed as a grantee, but Ohio is a dower state. She did sign her dower rights off but only in regards to the mortgage. She now resides at the property while the husband has moved out.

To add a little pressure, the default hearing is set for February 21st. Not a lot of time. I do not want this property reach that point. 

So I have two questions. If I can get this house under contract, could the judgment of default be delayed? Will putting the house under contract have any affect on the pre-foreclosure? 

Secondly, can the divorce kill the deal? I imagine it can. I imagine a full list of ways it can kill deal, but I'm just not sure. I do know the divorce won't stop the foreclosure, but how about a sale? 

thanks,

mark

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