if its a legal durable poa, TC cant refuse it-unless of course they suspect it fraudulent and then attorneys and possibly courts get involved. however, if that not the cause and its legal poa, how else would a person's interest, who had become incapacitate, be removed from title?
appears to me the error in Blueink case happened when the AIF neglected to inform TC that person relinquishing interest had Alzheimer and was unable to sign and borrower had POA for that person.
Would have been helpful, to say the least, if lender or title had inquired about the availability of the person releasing interest. Can't really lay all the blame on the AIF. perhaps this is the first time AIF has needed to use AIF powers for poa that was given 4-5 years earlier.
the transaction likely would have closed as scheduled if AIF had known to complete the POA approval process prior to signing.
I am sure many of you have received packages with QCD's that title or lender have not made borrower aware would even need to be signed. I can think of one national lender notorious for doing this. I have had a number that poa was approved while I was with the signer.
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Messages in this Thread |
| accepting POA on a QCD - Blueink_TN on 11/24/19 2:44pm |
| Re: accepting POA on a QCD - Lee/AR on 11/24/19 2:49pm |
| I agree with Lee/AR. - JanetK_CA on 11/24/19 3:13pm |
| By your post I assume title did not mention this in - Linda_H/FL on 11/24/19 2:49pm |
| I agree Linda. We can't assume the POA wasn't - MW/VA on 11/25/19 8:25am |
| No I Definitely Would Not Have Accepted The POA - PegiT_MN on 11/24/19 2:52pm |
| A durable general POA most certainly would be acceptable - Linda_H/FL on 11/24/19 2:54pm |
| Not to mention it's not our role to accept or decline - Linda_H/FL on 11/24/19 2:55pm |
| You Are Right. I Worded My Post Wrong. - PegiT_MN on 11/24/19 2:57pm |
| Re: A durable general POA most certainly would be acceptable - Cheryl Elliott on 11/24/19 2:57pm |
| Good comments~ - Blueink_TN on 11/24/19 3:01pm |
| So You Would Have Accepted The POA? Not Me. - PegiT_MN on 11/24/19 3:02pm |
| I already said what I would have done - especially on a - Linda_H/FL on 11/24/19 3:13pm |
| I Was Asking Cheryl. n/m - PegiT_MN on 11/24/19 8:58pm |
| Re: A durable general POA most certainly would be acceptable - LJCA on 11/24/19 4:08pm |
| Re: A durable general POA most certainly would be acceptable - ikando on 11/26/19 6:35pm |
| Re: No I Would Not Have Accepted The POA - Signerbill on 11/26/19 5:35pm |
| Signerbill~ this makes sense - Blueink_TN on 11/27/19 8:36am |
| Re: accepting POA on a QCD - Luckydog on 11/24/19 5:53pm |
| let us know how this turns out tomorrow n/m - shooterclay on 11/24/19 6:19pm |
| Re: let us know how this turns out tomorrow - BearPaw/CO on 11/24/19 7:13pm |
| Re: hmmm — POA and QCD could spell license to steal n/m - Carolyn Bodley on 11/24/19 9:52pm |
| I agree Carolyn..which is why my post ended with - Linda_H/FL on 11/25/19 6:46am |
| Re: no need to hush Linda - Carolyn Bodley on 11/25/19 8:53am |
| Re: accepting POA on a QCD - Cheryl Elliott on 11/25/19 7:55am |
| Re: POA, in and of itself, is a legal document - Carolyn Bodley on 11/25/19 8:45am |
| Re: POA, in and of itself, is a legal document - Carolyn Bodley on 11/25/19 8:50am |
| Just so everyone is clear, the property held in a trust - Cheryl Elliott on 11/25/19 11:41am |
| So, Blueink_TN...how does this end? n/m - Lee/AR on 11/25/19 1:25pm |
| Re: So, Blueink_TN...how does this end? - Blueink_TN on 11/25/19 1:54pm |
| Re: So, Blueink_TN...how does this end? - Carolyn Bodley on 11/25/19 2:49pm |
| I would definitely pass on this one, Blueink. - Cheryl Elliott on 11/25/19 4:00pm |
| If, and this is a big IF, they can find another lender - Linda_H/FL on 11/25/19 4:12pm |
| Re: If, and this is a big IF, they can find another lender - Blueink_TN on 11/25/19 4:55pm |
| Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/25/19 5:25pm |
| Re: DPOA not DOIA — big fingers n/m - Carolyn Bodley on 11/25/19 5:28pm |
| Re: If, and this is a big IF, they can find another lender - Linda_H/FL on 11/25/19 5:26pm |
| Re: Linda: n/m - Carolyn Bodley on 11/25/19 5:29pm |
| Re: Linda: ....Yes Ma'am? :) n/m - Linda_H/FL on 11/25/19 5:32pm |
| Re: Linda: - Carolyn Bodley on 11/25/19 5:34pm |
| Possibly...all I know is you're right..it's a horrid disease n/m - Linda_H/FL on 11/25/19 5:40pm |
| Just got a call from Title - Blueink_TN on 11/25/19 7:53pm |
| Interesting. It's their call to make. n/m - MW/VA on 11/25/19 8:01pm |
| never accept? doubt that. sure must be pre-approved by TC - sigtogo/OR on 11/26/19 10:27am |
| wait! no Alzheimer, dementia according to Blueink signer - sigtogo/OR on 11/26/19 10:44am |
| Re: wait! no Alzheimer, dementia according to Blueink signer - Yoli/CA on 11/26/19 2:07pm |
| yes dementia, no alzheimer was my point. Also seems - sigtogo/OR on 11/26/19 3:31pm |
| Re: If, and this is a big IF, they can find another lender - JanetK_CA on 11/25/19 9:27pm |
| Re: If, and this is a big IF, they can find another lender - Blueink_TN on 11/27/19 8:54am |
| Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/27/19 9:16am |
| Re: If, and this is a big IF, they can find another lender - Blue/CA on 11/27/19 10:31am |
| Always call your hiring entity - Blueink_TN on 11/27/19 10:42am |
| Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/27/19 12:58pm |
| Blueink-why do you think this? - sigtogo/OR on 11/27/19 12:29pm |
| Once again, know your state law on this issue! - JanetK_CA on 11/27/19 3:22pm |
| Re: why I said not every case is financial elder abuse or - Carolyn Bodley on 11/27/19 7:36pm |