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 Selling a home 
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Joined: Fri Jun 26, 2009 9:39 pm
Posts: 92
Post Selling a home
Does anyone know if a durable POA is sufficient for selling one's home if is in both our names? Johnny's not able to comprehend enough to sign any other papers.
Judy


Fri Aug 14, 2009 8:07 pm
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Joined: Fri Aug 11, 2006 1:46 pm
Posts: 4811
Location: SF Bay Area (Northern CA)
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Certainly check with a lawyer (ideally, the one who drew up the POA document) and read the durable POA document. Some POA documents indicate that someone must be certified as mentally incompetent before the POA has signing authority.

You can also check with a real estate agent.

When I sold my father's condo using the durable POA, the real estate agent and escrow agent walked me through the whole process, after reading the POA document. The document itself had to be filed with the county in which the property was sold.


Fri Aug 14, 2009 11:38 pm
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Joined: Fri Jun 26, 2009 9:39 pm
Posts: 92
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Thanks, Robin
I used the POA to sell a rent house, but the lawyer seemed to indicate that I would need Johnny's OK to sell our house which didn't make sense to me, unless it was because he had signed the contract with the realtor before he became ill. Does that make sense to you?
Judy


Sat Aug 15, 2009 5:35 pm
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Joined: Fri Aug 11, 2006 1:46 pm
Posts: 4811
Location: SF Bay Area (Northern CA)
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I don't know.


Sat Aug 15, 2009 6:03 pm
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Joined: Sat Jan 03, 2009 2:59 pm
Posts: 1978
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Judy,
I tried to post this earlier but I don't see it, I was able to sell our home in FL and like Robin's Dad's place it also had to be registered with the county, I imagine this may be different with each state, so best check with a lawyer!
Good Luck!

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Irene Selak


Sat Aug 15, 2009 9:55 pm
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Joined: Sat Jan 27, 2007 8:38 pm
Posts: 712
Location: CA
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We have a 35-page POA document that covers EVERYTHING. In CA, all I needed to do was provide a copy of the POA to our realtor so I could sign the listing agmt. and any counter-offers, and then a copy went to the escrow company so I could sign all the final sale and transfer documents.

I was so irritated at our attorney for having this massive document, but I am so grateful now. I just keep a bunch of photocopies of it on file so I have copies handy for whatever purpose -- real estate, bank stuff, tax stuff, medical record release, credit card or other joint stuff where we were co-signers (e.g. utilities, all types of insurance, etc.).

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Renata (and Jerome-in-Heaven)


Sun Aug 16, 2009 3:58 pm
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Joined: Fri Jun 26, 2009 9:39 pm
Posts: 92
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Thanks Renata and Irene.
I appreciate the help. We have a pool and Johnny sees people drowning all the time and I just need to get out of here. Our grandchildren come swimming occasionally and it's a nightmare for him.
Judy


Mon Aug 17, 2009 7:54 pm
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