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Ask David C. Garner Your Own Question

David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 846
Experience:  JD with Distinction, Admitted to practice in California
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My husbands parents purchased a house with his power of attorney

Customer Question

My husband's parents purchased a house with his power of attorney while deployed. Once he got back and found out he requested for them to get financed and get the house out of his name while waiting he deployed again. He just returned in September and last week we found out the house is in foreclosure and once we called Wells Fargo and explained and try to work out paying the past due amount their telling us we don't qualify for a re-payment program and the parents are noncompliant. What can we do to protect my husband?
Submitted: 4 years ago.
Category: Legal
Expert:  David C. Garner replied 4 years ago.

Was he expecting them to do this? Did he ask them to buy him a house? Or did they just dream this up on their own?

 

DCG

Customer: replied 4 years ago.

They did it on their own once returning from deployment he did not even know where they where staying or that this house was in his name

Expert:  David C. Garner replied 4 years ago.

Then this is a fraud. A power of attorney creates an agency and the ability for a person to act FOR another person (but only subject to that granting person's instructions). By that I mean that a POA would enable his parents to sign checks on his account to pay bills for him while he was away. What it does not allow is for the person who holds the POA to make decisions and take actions that exceed the purpose for which the POA is granted.

 

They could sign his checks to make his car payment, not sell the car.

 

If he truly did not want the house, if they truly did this on their own, and if he truly wants to be rid of this problem, then he is going to have to call the police and report the fraud. I would also hire a local attorney immediately. If his parents really did something like this then getting out from under it is going to get nasty.

 

Also, immediately send the parents a letter revoking the POA and (if he is away) reissue to someone whom he trusts.

 

A local attorney is going to need to see a lot of documents, but if this is really the way you say it is, his parents could wind up in prison.

 

Best of luck to you.

 

DCG

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