Thanks for your reply. Let me be clear, I'm not the wife in this situation. This is a messy situation for the ex- couple. The husband couldn't qualify for a mortgage (and still doesn't), but the wife did. At the time, when presented with how did they want the deed, she wanted her husband on the deed too. Fast-forward to the divorce (messy, bad, abuse, etc.) According to her, her attorney really dropped the ball. She ended up being removed from the deed. Husband was supposed to take over the mortgage, but didnt qualify.
Last summer, she decided to take her kids and move to a neighboring city. (Too many bad memories) She told us that she wanted to sell the house and be done with all of it. She wasn't looking to make money, just wanted to get away from it. She also stated that her ex owes her about $50,000 for something, but would take $5,000 to walk away. The house is valued at about $260,000. She offered it to us for $135,000.00. Husband agreed to sign off the deed for $5,000.
Now she is having second thoughts.
If we approached him with the $5,000 and had the deed put in our name, could we pay off the mortgage and own the property? Would there be any legak ramifications to this?