Whatis amy right to use a Power of Attorney in a mortgage transaction?

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

Asked on November 9, 2011 under Real Estate Law, Massachusetts


Henry Lebensbaum / Law Office of Henry Lebensbaum

Answered 9 years ago | Contributor

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

If the bank refuses this, asky why.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.