Case in point was my Lawyers advice that my ex and I 'could not each make a settlement payment to each other' Our situation was this;I owed her about 20K to settle paying her back for part of a small inheritance she had received but was used on a joint asset I was fairly flush with cash that was NOT in retirement accounts since we had just sold or marital home that was paid off.I paid her 40K in cash (20K more than I owed her) and in return she transferred to 20K or her retirement account assets.

@Andrew Farmer      The Executor is the only person who needs to sign and show up at settlement.

I am going thru a divorce, will receive a settlement.

You may be in a good position to negotiate either a reduced monthly payment or a settlement on discount payoff for the 2nd lien balance.Disclaimer, I investing in 2nd NPN (Non-Performing Note) .

She came into a settlement of even more money and wants to put it down.

Account Closed I got started with some money I inherited via a settlement.

The property will need to be listed, offer obtained, and the sellers financial package will need to be reviewed by the mortgage servicers to see if a settlement is possible.

They will open escrow, do a title search, lien search, issue a title insurance policy, calculate pro-rations, order payoffs, prepare a settlement statement, record the deed, etc. as part of the closing process.I AM ONLY EXPLAINING THE PROCESS HERE...THE FOLLOWING IS NOT TO BE CONSTRUED AS LEGAL ADVICE, WHICH I AM NOT QUALIFIED OR LICENSED TO GIVE - CONSULT AN ATTORNEY FOR THAT.But, yes, assuming your contract calls for clear title (a good example is the Florida Realtors Vacant Land Contract, paragraph 7), then yes - you could conceivably make an offer using similar terms, and once you and the seller have agreed to terms and signed the contract, you could take the contract to the title company and they would work their magic.The title company would let you and the seller know what they uncover during the title search, lien search etc., and the onus would then be on the seller to settle any outstanding liens at closing (assuming they are less than the purchase price, they could come out of the seller's proceeds on the settlement statement and be paid by the title company).

A Delayed Settlement of 2 - 3 years Sale, Purchase and Sale Agreement, 3-5% down NON REFUNDABLE EARNEST money is better than a lease w option for the seller.  

If it were assignable that could work with your fee showing on the HUD Settlement Statement.