Can I use mobile home power of attorneys to file a quit claim deed?

Question

I hold a mortgage on a land-mobile home combination. The buyer has abandonded the property. Can I use the power of attorney he signed to do the title work to file a quit claim and return the property to my name?

Answer 1

Unfortunately a general power of attorney allows you to do anything that the granter could do. This includes gifting the property to yourself.

However, the granter can sue if you violate a trust relationship. So, if there is a gain to yourself you should document why the granter WOULD  do that.

You should, if your use a power of attorney for a self serving purpose draw up some claim to any  property 'gifted' to yourself.

A purchaser is protected on the land transaction only if all title holders have signed the power of attorney. (If a wife is legally entitled to equal ownership and only the husband signed the power of attorney, or the POA was not a general POA, you might have to let the property go up for tax sale or use foreclosure  to get clear title).

Answer 2

Nope.

First of all, you didn't have a POA that was General, you had one that was Specific...specific to the transaction of doing the title work.

Once that transaction ended, your POA ended.

I am also very curious to know who you are in this transaction.

Even if you did have a general POA, you can't use that to gain full access to someone's property for self-serving measures without permission from the court.

Answer 3

It depends on what the power of attorney says.  If you think it gives you the power, show it to the title company that handled the transaction.  See what they think.

Most likely you will need to forfeit the contract (or whatever procedure is common in your state) in order to have clear title.

Answer 4

No.