Is POA valid? Is a debt owed?
Last updated on: February 14, 2020
Background: I recently took out a personal line of credit loan in mothers name with myself (daughter) signing paperwork as durable power of attorney. Since I have to take care of her I have no income so they did not want my name on the loan. Part of the loan was used to pay off existing mortgage. The loan papers state we each are unmarried and hold title jointly to a property that is used as collateral. The recorder will not record the poa as it does not state who prepared the poa. The banks legal staff ok'd the poa as the loan went through. I made sure the bank understood mother has advanced dementia prior to application for the loan. The bank tried to have me make a new poa dated 2010 while original one is dated 2003. Mother has dementia so I would not do this. Now bank wants me and mother to sign a document so a mortgage can be recorded against the property until the loan is satisfied. I was told by banks agent she "trusted" me that it would be my mother that signs the document. THEN the document would be notorized by a bank notory and a mortgage recorded. My understanding is that a Notary must verify ID and state of mind for a signature and witness it. I checked recorders web site. Original mortgage is cancelled with a release. Question 1- My mother is 84. Currently, I use her income to pay the loan payment as loan is in her name. What would happen if I cannot make the loan payments? Question 2- In event of her death should I put the property in my name only? If at this point, if I had to, can I sell the property? Would I have to pay the bank first? Question 3- Since bank cannot record a deed or mortgage against property and loan is in her name only, could bank use loan agreement stating address to put a lien on the property? Question 4- Since recorder will not record the poa is it valid? Would the paperwork I signed to get the loan, using the poa, in case of default be enough for bank to be able to place a lien? Question 5- At this point does the bank have any legal rights to the property at all? Thank-you
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