Minor Child, Vacant House, Dead Parents, Help??? - Posted by JohnBoy
Posted by JohnBoy on February 19, 2001 at 12:13:42:
OK, here’s the deal from we can tell so far,
Husband and Wife owned a home. Husband dies of a heart attack. Wife get’s remarried. Wife and new husband have a kid together. Later the wife dies. New husband ends up with the house. New husband then get’s remarried again. New husband ends up dying leaving new wife with custody of kid. It appears that deceased husband “quit claim deeded” the house over to his minor child. A cousin of the family sues new wife to gain custody of the kid…and they win! Now the house is vacant because the cousin has legal custody of the kid who apparently has legal title to the house (the kid). Since new wife no longer has custody of the kid and would now have no legal interest in the house, the new wife splits town! The house is now vacant and the lender is foreclosing since no one has made any payments.
How could I go about getting the house signed over to me with a minor child being shown as the owner on record???
Could the child’s legal guardian sign off on this on behalf of the kid OR would all this have to go through the courts to get approval since the house is owned by a minor who’s parents are both deceased?
Here is what I was thinking of trying to do if we don’t have to go through any court procedures and the legal guardian could sign off on behalf of the minor child that owns the property:
Have the legal guardian deed the property into a trust naming the minor as the beneficiary (or would we name the legal guardian on behalf of the minor child as the beneficiary?) and then have them assign their beneficial interest over to me. I would then reinstate the loan, work out a deal to get the minor child something out of this since their is a lot of equity involved, then I would sell on a contract for deed to my buyer.
Can I do this or is this something that would get tied up in a bunch of court procedings to get approval to allow the legal guardians to sell on behalf of the minor???
Another idea was to see about buying the mortgage from the lender and then I would foreclose on the property. If I did that, would I be required to sell the property and give any of the proceeds above my costs involved to the minor child? I’m assuming that the property would have to go to sheriff’s sale first. If I was the high bidder than I would retain all ownership of the property where any proceeds from the sheriff’s sale in excess of my costs would go to the minor child? Is that correct? Assuming I was high bidder, then after that the house would be mine with no further obligations to give up any equity I gain from reselling after that point, would that be correct?
Any other ideas on how to handle something like this???