Prisoners Still Have Some Real Estate Rights

I love America. Even if you get caught and sentenced for a heinous crime, you still have a few rights. One of those rights includes being able to retain ownership of, and to sell real estate. And rightly so, I mean, if you work hard to be able to purchase or trade for a piece of property, it shouldn’t matter what crime you commit, you should be able to retain what you worked for.

It is just interesting if you think about selling a property while you are locked up. I mean, having a jail closing, and going to the closing table in an orange jumpsuit, and signing the paperwork while wearing handcuffs, then having the jailer haul you back to your cell until it’s time for dinner is just kind of funny.

But hey, if you are able to acquire a real estate agent or broker to help you through the paperwork, and you are able to sign the deal, then you do have the right to both, and sell property, even while incarcerated.

4 thoughts on “Prisoners Still Have Some Real Estate Rights

  1. Interesting indeed! My question pertains to reversing a warranty deed gained during my divorce. My ex-husband is in prison but was awarded the home we shared while married (he wanted it, I did not). However, I am the sole person on the mortgage. No one explained to me that even by signing the deed over to him I would remain on the loan paperwork. Now that he is in prison for a stretch, he has decided to stop payment on the mortgage and the home is about to foreclose. To avoid a foreclosure on my credit score, I will have to resume mortgage payments on a property I no longer have any rights to. And my ex-husband says he will not sign in paperwork to sell the house. Can one of these warranty deeds be reversed in a case such as this?

    • I am appalled to here of such oversight in the filing of that warranty deed. I would hope that it could be cleared up easily by retaining a lawyer to file the right civil case to get your name off the mortgage, or else to get the warranty deed back into your name, but I cannot be certain. You really need to speak to a lawyer. If possible, get one that specializes in real estate. I hope this helps…

  2. I am a writer and am researching the right of prisoners to own and sell property while incarcerated. Can you recommend a source of information for me? Thanks.

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