Q: Im in contract, they can't get second owner to sign to close. What can I do? Real estate insists this will close
The daughter was added to the deed by her father who has since passed away and the Mother didn't know it. Mom Listed the home, went to contract. Now the Daughter is not answering phone calls and lives across the state. What will happen to my deal? Will it be crushed if not closed by the closing date?
A: You may need to get an extension of the closing. And hire an attorney ASAP. You should not be closing without one to begin with. There may be an issue that if this was owned by the married couple and their homestead property, the the father's deed to the daughter is void if both spouses did not sign. A property held by a married couple as 'tenancy by the entirety" cannot be transferred to anyone, either person's share, without both spouses' signatures. So the deed may in fact be void to begin with and the property passed via intestate to the wife in full.
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