In Care Of
Posted 13 February 2013 - 11:49 AM
Posted 13 February 2013 - 11:57 AM
Get a real estate attorney (esp. if you never bothered to consult one before entering into this rent-to-own agreement).
Posted 13 February 2013 - 12:14 PM
Right now we're sending the rent/mortgage payments to a P.O. box out of state.
Thank you for your help
Posted 13 February 2013 - 12:18 PM
Then, uhm, search public records/pay an online service people search database for same (on husband and her) that includes divorce record info. At any rate, you need to get counsel. For all I know, you've been making a mistake and not making payments to both of them all this time and only making them to her.
Posted 13 February 2013 - 01:09 PM
Right now we're sending the rent/mortgage payments
Do you have a land contract or contract for deed?
If you do I suspect that you are in for a real bruising when you find out all the money you put into the house and the payments were wasted if she can't sell it.
And by the way, a deed signed by her with power of attorney from her ex might be defective without his actual notarized signature.
I'm guessing that you didn't have a lawyer when you got into this deal. You certainly need one now.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 13 February 2013 - 01:25 PM
I am renting/buying a house from my landlord. I have the money to buy the house and have sent my landlord a letter explaining that I am ready to buy her out. She was married when we signed the paperwork but is now divorced and all our agreements have both her and her ex husbands name on them.
Then I'm curious why you refer only to her as your landlord. It sounds like both of them are your landlords.
Do we have to track her ex husband down to sign the paperwork
Depends on what "paperwork" you're talking about. Certainly, if both of them own the property, both of them will have to execute any deed transferring the property to you. Whether you have to "track [him] down" is something we obviously cannot know, but I would have to assume the woman knows how to locate her ex-husband.
does that "in care of" mean she has the legal right to sign for him?
By the way, I disagree with a number of "Fallen's" comments. As long as you were complying with the terms of your lease/contract, it was up to your landlords to advise you regarding any changes that might have been necessitated by the divorce.
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