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?

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1 Lawyer Answer

Theodore Allan Greene

Answered
  • 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

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