marylamby
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Fishy Elements of IN Real Est Sale?
@marylamby Sorry to be dense, but is ^ post saying or suggesting ---
Q. #1. there was no pending sale/'under contract'/'part 1' of the IN real est transaction, before SM's disappearance, or if there was, it was bogus?
Q.#2. And then after SM's disappearance, that the real est sale was 'closed' /'part 2' when BM digitally signed deed w his name and siggy and w SM's name and siggy w no indication that he was a ct-appted guardian, to convey title to buyer?
But if ^ so and BM intended to fake her name and siggy for part 2, why would he bother to file for G'ship at that time, purportedly to close the sale? Why bother, if his plan was to do a bogus (as to SM's participation) digital close?
Q. #3. AND, why set up a phoney-baloney sale to a friend or fam member, w. either no $$$ being paid, or w $ amt substantially below FMV? If you think, like some here, BM needed those IN sales proceeds to buy Salida area subdivision lot, then wouldn't actual $$$ need to be provided to BM, to pay for it?
Q. #4. If there was an MLS (or equivalent) listing by an agent, then would r/e agent and r/e brokerage willingly 'go w the bogus flow' to participate in sham transaction? And pass up commission?
Q. #5. Ditto, title ins. co?
@marylamby, if I have misunderstood your post, I apologize. Heading to kitchen for more coffee.![]()
I'm the dense one who's trying to decipher your questions, LOL!
I'm sorry my post is so unclear as I was parlaying off of a couple of posts.
Let me preface this to say that I believe there's confusion as to which property was being considered in the application for SM's incapacitation hearing.
It wasn't their home in IN. That was sold over a year ago. I posted the sale by a public RE site previously but it was deleted.
I don't know which property BM did get granted POA over, they have/had many, or if any other properties have been sold since.
I asked @Hair if the Dog where she/he found contract info on whichever property but haven't heard back yet, that I know of, as I've been busy the last couple of hours.
In NY, you can list a home with only one signature on a joint property. To go into contract, you need both and of course, for the sale.
I don't know where this property stood in the timeline, as far as having gone into contract or not.
Was it already in contract before SM went missing? That's why I inquired about contract info, on the property in question and I don't know RE law in IN as to whether you need two signatures to go into contract.
Of course, you'd need two to sell but then that was taken care of by BM.
I didn't bring up any forged signatures, that was someone else, however, anything's possible (and happens) - especially possible during a lockdown with virtual contracts/sales in other states.
As to the sale to a family member? Would that be bogus? Absolutely not, totally legal.
The deed is then, also legally, transferred back to the seller on a later date and sold at the higher market value.
*The big difference in this case, if it is the case, is that the seller is now the sole owner.
I've never seen a RE broker handle both seller's and buyer's interests. As I said before, I'd love to know if the same lawyer handled both.
Thanks a lot, now I think I'M confused!

This is 100% speculation, IMO and only a question I've had in my mind since BM garnered the POA.