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Old 02-04-2015, 12:41 AM
 
17 posts, read 13,647 times
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Hi,
I am divorced living in Europe now, and my ex who lives in the States wants to close soon on our US condo in order to pay me out. It is a cash pay out refinance.

Now, I contacted a lawyer who said wanted to be my PoA. That means that he will be signing for me at the closing. Does anyone know if this is legal? Because now the lawyer who wanted to be PoA doesnt respond to my mails anymore and I inquired a few other lawyers who have not responded to my either. I tried calling but voice mail doesnt give me any answers.

I get the message but I wonder why.

Your input is appreciated. Thanks
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Old 02-04-2015, 07:30 AM
 
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Yes completely legal and very common if the person is out of state or in another country. Call a different lawyer until you get one that will do this for you. Someone will.

If your looking for a long list of answers for FREE, that isnt going to happen. Lawyers are paid for their answers, they are not going to tell you these answers until you hire them. This may explain why your voice mails go unanswered.
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Old 02-04-2015, 07:41 AM
 
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Yes, you can use a PoA at closing. It's done all the time.

I suspect the problem is that the attorneys are worrying about how they are going to get paid when you are out of the country. You may have to convince a lawyer to let you wire them the total of funds they need to close and to mail the closing documents back to you. You'd probably have to pay him or her up front prior to closing. No one is going to take the chance of billing you for their work.
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Old 02-04-2015, 08:10 AM
 
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Can the title company not do your part of closing by fax/courier? Then they can wire you the monies directly. If not, do you have a friend/family you trust in the states that can act as your PoA?
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Old 02-04-2015, 09:00 AM
 
17 posts, read 13,647 times
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So a PoA is very common!

I prefer a lawyer to be my PoA. then nothing can go wrong........... hopefully....

Thanks for your comments. I will find an other one keeping in mind the money issue.
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Old 02-04-2015, 09:40 AM
 
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Quote:
Originally Posted by Honny View Post
So a PoA is very common!

I prefer a lawyer to be my PoA. then nothing can go wrong........... hopefully....

Thanks for your comments. I will find an other one keeping in mind the money issue.
Just be careful and use a large firm. There are a lot of unscrupulous lawyers out here in the US. Being so far away, I would actually prefer to use a friend in this case but good luck.
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Old 02-04-2015, 09:58 AM
 
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Default Size of the firm is irrelevant ...

Quote:
Originally Posted by momtothree View Post
Just be careful and use a large firm. There are a lot of unscrupulous lawyers out here in the US. Being so far away, I would actually prefer to use a friend in this case but good luck.
The OP just needs to be sure that the "Power of Attorney" document that they sign / agree to is appropriately "limited" to just allow the condo to be refinanced. Really this is VERY common and should not be a cause for concern.

I suspect the lawyers are not answering calls because they do not want to waste time / money on overseas calls. This too is not uncommon as lawyers increasingly only do things that they can bill for and answering questions that they do not get paid for is no longer something they routinely do...
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Old 02-04-2015, 10:06 AM
 
7,672 posts, read 12,822,090 times
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Quote:
Originally Posted by chet everett View Post
The OP just needs to be sure that the "Power of Attorney" document that they sign / agree to is appropriately "limited" to just allow the condo to be refinanced. Really this is VERY common and should not be a cause for concern.

I suspect the lawyers are not answering calls because they do not want to waste time / money on overseas calls. This too is not uncommon as lawyers increasingly only do things that they can bill for and answering questions that they do not get paid for is no longer something they routinely do...
The OP mentioned that the ex refinancing to get her off the deed/mortgage and will buy her out. While it's common but she should exercise caution if there are monies involved. Especially if the monies are going through the attorney and then to her. If the monies are being wired directly to her from the closing/title company, then yes it's not a big deal.
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Old 02-04-2015, 11:27 AM
 
17 posts, read 13,647 times
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my funds will be wired directly to me from the closing company (=bank) after the closing.

A limited PoA. I want a PoA who only can sign the closing papers and nothing else.

It would so much easier to just use a digital signature!!
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Old 02-04-2015, 11:30 AM
 
17 posts, read 13,647 times
Reputation: 11
my funds will be wired directly to me from the closing company (=bank) after the closing.

A limited PoA. I want a PoA who only can sign the closing papers and nothing else.

It would so much easier to just use a digital signature!!
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