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Rainmaker
670,290
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

California Civil Code Section 1556:

"All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights."

The deprivation of civil rights would cover prisoners.   

However, this answer is not dispositive without further research.  I'm inclined to believe a title company would likely have a definitive answer, or an attorney engaged to write an opinion letter.  

Sep 04, 2020 05:30 PM
Rainmaker
642,883
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

My thought would be how would a prisoner qualify for a mortgage? 

Sep 04, 2020 06:32 PM
Rainmaker
3,728,029
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

A quick look at your AR profile tells me you are in the  mortgage business.  I'm thinking, an ad or a link to a program promoting something is on its way. 

Sep 04, 2020 04:54 PM
Rainmaker
801,074
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I do not believe any such laws exist.

It seems like it would be unusual for a prisoner - as mentioned in your question - to have the income to qualify to buy a home.

Of course, credit would also need to be satisfactory in addition to repayment capability.

Perhaps a cash purchase?

Sep 04, 2020 05:18 PM
Rainmaker
3,706,218
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Brian Sirota has you covered. It they have done the time and their rights returned, no problem. 

Sep 05, 2020 05:40 AM
Rainmaker
2,901,809
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Oh come on now .... anything and everything goes in California! 

Sep 04, 2020 04:34 PM
Rainmaker
1,526,243
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Wow, interesting. 

I undestand now, they are working there too. 

Sep 05, 2020 07:42 PM
Ambassador
4,839,741
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Mortgage payments may be difficult to make from prison, do they have a partner on the outside?

Sep 05, 2020 08:17 AM
Rainmaker
822,428
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

OH wow what a great Q!
I see Counselor Sirota beneath this screen and so I do not need to summon him and defer to what he says! 
Now off to read it . . . 

Sep 05, 2020 07:36 AM
Rainmaker
4,437,718
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

California has its own rules to abide by, thought a prisoner already HAD housing!  

Sep 05, 2020 07:30 AM
Rainmaker
798,167
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Prisoner salary might not be enough to obtain a mortgage, but if a prisoner has other funds, I suppose he/she could buy a home.

Sep 05, 2020 06:23 AM
Rainmaker
596,396
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & OC Laguna Nigel

I don't think so, need some help? 

Sep 04, 2020 03:24 PM
Ambassador
2,376,572
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

What Brian L. Sirota, Esq. said...!

Sep 05, 2020 10:14 AM
Rainmaker
1,076,375
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

DEFERRING to Brian L. Sirota, Esq. 

Sep 05, 2020 05:40 AM
Rainmaker
1,991,426
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Any idea. 

Sep 06, 2020 08:15 AM
Ambassador
4,293,618
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Brian L. Sirota, Esq. has the legal answer.

Sep 05, 2020 01:21 PM
Rainmaker
4,999,666
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Brian L. Sirota, Esq. has the answer. A

Sep 05, 2020 12:09 PM
Rainmaker
5,973,420
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Your underwriter should have the answer.

Sep 05, 2020 11:23 AM