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Rainmaker
788,302
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
808,279
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
4,582,184
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 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
1,323,044
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
5,239,023
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
Ambassador
3,349,404
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

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

Sep 04, 2020 04:34 PM
Rainmaker
1,598,452
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
6,417,445
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - 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
1,056,272
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
5,877,335
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
913,468
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
766,079
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

I don't think so, need some help? 

Sep 04, 2020 03:24 PM
Ambassador
3,138,811
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

What Brian L. Sirota, Esq. said...!

Sep 05, 2020 10:14 AM
Rainmaker
1,553,330
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

DEFERRING to Brian L. Sirota, Esq. 

Sep 05, 2020 05:40 AM
Rainmaker
2,071,025
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Any idea. 

Sep 06, 2020 08:15 AM
Ambassador
5,060,544
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
5,772,581
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
7,863,184
Roy Kelley
Retired - Gaithersburg, MD

Your underwriter should have the answer.

Sep 05, 2020 11:23 AM
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