Turlock, CA asked in Bankruptcy and Real Estate Law for California

Q: My husband is missing. How can I get permission to sell our home without his signature?

He has been missing for over a month and I can’t afford our mortgage. I can’t sell or modify the loan without his signature. Do I have a choice other than to foreclose?

Related Topics:
1 Lawyer Answer
Theodore Allan Greene
Theodore Allan Greene
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Do you have equity? Do you have any chance of finding your husband? You have some time until they start foreclosure so I would not panic yet. Once you stop making your mortgage payment they usually don't start the foreclosure process for at least 4 months. Then, assuming they start in 4 months, you have another 90 days before they can schedule a foreclosure sale at least 21 days later. So you should have around 7 months and 3 weeks. Do you have a lot of other debt like credit cards? Because if you file a bankruptcy right before the foreclosure sale you could get another month or 2 out of it. Or if you have equity you could try to sell it hoping your missing husband comes around for his share of the equity. I have helped hundreds of people in similar situations but never had a situation where one of the people on the deed were missing... good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.