Need Help with Complicated Real Estate issue Need your Help.

Need Help with Complicated Real Estate issue
Need your Help. I was out of the country back in 2003 and my husband (at the time) had ”General Power of Attorney” over our affairs. When I returned, I learned that my ex had sold one of our properties WITHOUT my permission, My question is HOW did the title company allow this to happen..Power of attorney, I thought, was not valid if selling property. Do I have any recourse against the title company and/or my ex? The sale was made in 2004. I look forward to hearing from you.

3 thoughts on “Need Help with Complicated Real Estate issue Need your Help.

  1. Re: Need Help with Complicated Real Estate issue
    It will depend upon several things:

    1. The scope of the Power of Attorney;
    2. What your divorce decree provided.

    If you were divorced subsequent to his engaging in this conduct, then I presume that this issue would have been addressed in the final order issued in your divorce.

    And if the divorce is not final, then this is an issue to be resolved by the divorce court.

    Depending upon the facts, you will be chasing your ex in either civil court or family court.

    Good luck.

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  2. Re: Need Help with Complicated Real Estate issue
    The scope of the power of attorney is set forth in the document itself. It is possible that you did grant your husband sufficient authority to sell property on your behalf. However, it is impossible to tell without reading the document.

    There are two things that I recommend. First, see a real estate attorney right away and show him/her the power of attorney and other pertinent documents to determine if it was a valid transaction. Second, bring this matter to the attention of your divorce lawyer and see if there is anything that can be done in your divorce case. You might be able to get an equitable adjustment in the division of your assets and the family law court might be the only venue to address that claim.

    Whatever you decide, consult an attorney as soon as possible. If you do have valid claims against your ex or the title company, you want to be careful to assert them in a timely and I do not know the statute of limitation for this type of claim.

    Carl Starrett
    Law Offices of Carl H. Starrett II
    1941-C Friendship Drive
    El Cajon, CA 92020-1144

  3. Re: Need Help with Complicated Real Estate issue
    Another thing is, if the power of attorney was not notarized or witnessed by two disinterested parties, he had no power to act.

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

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