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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4727
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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False POA

Resolved Question:

so, husband wanted loan - i didn't: he went behind my back and did it himself. involved the use of a power of attorney - with one lawyer, a bank and another group of lawyers for money and no one contacted me for verification. Went on behind my back for 5 years.  I am in absolute shock - mad and scared. 1st loan was 80K, 2nd loan 126K on 70K property.  we have talked and my husband does not seem as concerned about this as i am. I had the power of attorney revoked. Is there anything else i need to do to protect myself - my social security number, etc. - i'm seeing a cpa today.


he admitted that he forged the power of attorney - but i know he won't admit it in court - i don't know if i want the hassle - right now, i want out  

Submitted: 10 months ago.
Category: Estate Law
Expert:  Irwin Law replied 10 months ago.
When you say "involved the use of a power of attorney" and then "I did not issue the POA. Can you provide a little more detail about that. Also, does the loan involve placing a mortgage on real estate that you claim to own an interest in?
Customer: replied 10 months ago.

50 acres in both our names - from his father and mother - my husband said he forged the power of attorney - the only reason i found out about it the 2nd loan refinance produced an $800 check he forgot to pick up from lawyers office and lawyers sent to my home

Expert:  Irwin Law replied 10 months ago.

If your husband fails to pay the mortgages, the bank will foreclose and sue both of you, so you would definitely be involved. I would suggest that in addition to seeing a CPA, you consult with an attorney about whether or not you should make a formal demand that the bank release the mortgage on the real estate and cancel the note as to you. Your husband may have violated some federal banking laws, which carry criminal penalties.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using this service. Your business is appreciated.

Customer: replied 10 months ago.

have been online before - went to lawyer - sent me to bank - bank sent me to internet register of deeds - found power of attorney on file


went to second lawyer - revoked power of attorney - asked about business based on tax returns - not able to handle this - recommended cpa - today -


my name is XXXXX XXXXX the loan papers, only on the power of attorney - i think the bank officer said i was not liable for the loan -


how can a loan on land exceed taxable value of the land?

Expert:  Irwin Law replied 10 months ago.

The loan could not have been on the land if you are a co owner but were not required to sign a note and mortgage. The POA by itself doesn't obligate you on anything. Someone would have to use it to sign your name to a documents. You should try to obtain copies of any loan documents from the bank which have your name on them. You can have a title company search the property to verify if there are any recorded mortgages against the land.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using this service. Your business is appreciated.

Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4727
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 9 other Estate Law Specialists are ready to help you

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