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  1. #1
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    Josh plans to pack up Utah home

    Susan Powell's husband expected to pack up home in Utah

    Joshua Powell has told friends he plans to sell his West Valley City home because the loss of his job does not allow him to make the mortgage payments. McLachlan said Powell is "free to sell it if he wants to" and police are not concerned about the home sale. He said any potential evidence was gathered during searches of the home last month.

    http://www.sltrib.com/news/ci_14134908

  2. #2
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    I have a feeling that the house will go into foreclosure within a couple of months.

  3. #3
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    if susan's name is on the mortgage and she isn't there to sign the forms when the house sells, what are josh's options?

  4. #4
    Shades of Chris Coleman...packed up everything and stopped making payments.

    We could write a textbook on these crimes!

  5. #5
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    Quote Originally Posted by jadejazzkayla View Post
    if susan's name is on the mortgage and she isn't there to sign the forms when the house sells, what are josh's options?
    He might be able to do a "Quit Claim Deed" in order to sell the house.
    Last edited by Patty G; 01-07-2010 at 12:18 AM. Reason: changed quick to quit. oops

  6. #6
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    Quote Originally Posted by Patty G View Post
    He might be able to do a "Quick Claim Deed" in order to sell the house.
    I think he would need to have her declared dead or having abandoned them, and I think that would take a lot longer than he's hoping.

    Normally, she could sign a quitclaim so he could sell it, but I don't believe he can't sign one on her behalf without some sort of legal intervention.

    Not a lawyer, but we just went through this - someone signed one so they would have no claims to nor liability for a business.

  7. #7
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    Quote Originally Posted by angelmom View Post
    I think he would need to have her declared dead or having abandoned them, and I think that would take a lot longer than he's hoping.

    Normally, she could sign a quitclaim so he could sell it, but I don't believe he can't sign one on her behalf without some sort of legal intervention.

    Not a lawyer, but we just went through this - someone signed one so they would have no claims to nor liability for a business.
    I wasn't 100% sure if he could do a "quit claim deed" and made sure I bolded the "might". Hopefully someone with more knowledge can give some more input to how "quit claim" deeds work.
    Last edited by Patty G; 01-07-2010 at 12:19 AM. Reason: changed quick to quit -- oops.

  8. #8
    Even after 6 years, Kathy hasn't been able to get a death cert on Jennifer Wix. I think we need to get JBean in here on this as she has knowledge in this area. Lemme go and fetch her.

  9. #9
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    Hmm, don;t know much about Utah law,but this should not be an easy fix, since she is still missing.
    Let me go look up the records and see if she is even on title in the first place.
    Even if she's not, some areas require the spouse to sign off anyway.
    In the event of foreclosure it doesn't matter who is on title.Now here in CA we primarily do non judicial foreclosures which is easy and does not involve the courts. I don't know what the typical action is in UT and if judicial foreclosure is the norm. But let me go check a couple things.

  10. #10
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    do we have an address? name search is not coming up with anything. Tell me as much as we know.

    oh wait I just found it hang on.
    Last edited by JBean; 01-06-2010 at 10:59 PM.


  11. #11
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    Interestingly they bought the house from HUD , perhaps bought it from HUD out of foreclosure or some atypical fashion. They are both on title. Let me see what else i can find.

  12. #12
    6254 Sarah Circle? Salt Lake City, Utah...that's what I found.

  13. #13
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    Not to barge in here, but I believe you are talking about a "quitclaim deed", not "quick claim". Back into hiding...

    ETA:

    Just so you don't think I make this stuff up!

    http://homebuying.about.com/od/gloss...tclaimdeed.htm
    Last edited by chicagofa13; 01-06-2010 at 11:09 PM. Reason: add more info

  14. #14
    Quote Originally Posted by chicagofa13 View Post
    Not to barge in here, but I believe you are talking about a "quitclaim deed", not "quick claim". Back into hiding...
    You're right. It works "quickly" however.

    I still don't think Josh can do that when there isn't any proof that Susan isn't alive at this point. Kathy can't even pull medical records on her daughter Jenn until she's been missing for seven years.

  15. #15
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    Susan is definitely on the deed,they bought the home from HUD after a foreclosure.
    UT is like CA in that they primarily use non judicial foreclosure.
    I have a couple thoughts as to how he could pull this off but I need to confirm a few things.

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