What is a my right to use a Power of Attorney in a mortgage transaction?

Question Details:

 Does a bank have the right to deny me this right?

Asked 11/9/2011 under Real Estate | 99 View(s) | More Legal Topics

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Real Estate Law Answers

Henry Lebensbaum / Law Office of Henry Lebensbaum Answered 6 months ago | Contributor This attorney is licensed in Massachusetts

The scope of the rights are specifically stated in the POA, and the POA cannot exceed these.

If the bank refuses this, asky why.

Your right to use the power of attorney you are writing about in a mortgage situation depends upon the scope of the power of attorney's powers given you and if the power of attorney is signed and notarized in a proper format.

Whether or not the bank that you are writing about can refuse to honor the power of attorney that you are writing about depends upon whether it is in proper format as well as the bank's custom and practice. I suggest that you consult further with a real estate attorney on the subject. Good luck.

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