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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2702
Experience:  Helping you with your legal questions.
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Are escrow companies in Ca allowed to forbid our attorney

Customer Question

Are escrow companies in Ca allowed to forbid our attorney son in Mi to represent us when selling our home in Ca even tho we have signed the necessary papers to let him do so?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: We are selling our winter home in California and our permanent home is in Mi.
JA: Has any paperwork been filed?
Customer: Yes. All paperwork was being emailed to our attorney son in Michigan, who spent hours reading their info. As he did so, he initialed all work and returned by email to our Realtor in Ca who informed us that the Escrow Co would not accept our attorney sons signiture and initialing of documents. Our son has Power of Attorney for our biusiness and healthcare.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not now.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 11 months ago.

When reading your question, at first I thought, the escrow agent is not allowing it because he is not a CA attorney. Then I thought, well, he can become the attorney in fact and have a power of attorney. Then I finished your question and saw he has the power of attorney. So, I am perplexed myself. What is the reason that the escrow company is giving? Possibly because it is not a California Power of attorney form? Or neither of you are in California. Let's discuss.

Customer: replied 11 months ago.
Our Real Estate called us and said that the Escrow Co would not accept our paper work and our son's initialing of the
legal documents even tho he had signed permission. My husband has advanced parkinsons disease and I have been
having TIA (mini strokes). We needed our son's help to sell our winter home in Ca. The reason our Realtor gave is
that Ca has had nightmare problems with relatives trying to sell their loved ones property without their permission. I do
not understand.Our son has been practicing law in Mi and Wi and other states for over 20 years-very respected.
Expert:  Damien Bosco replied 11 months ago.

Yes. This happens frequently. If your son is an attorney, possibly he could contact an attorney in California to work on this matter for you. Many time banks or escrow agents are afraid to accept accept PofA's because they are fearful of the consequences. An attorney in California, can give comfort. The only other option is to seek court intervention. We can continue to discuss this if you want to do so.

Expert:  Damien Bosco replied 11 months ago.

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.