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Is a mortgage co required to provide notices to the agent of a principal when they've acknowledged receipt & filing of the POA?

Bankruptcy and Debt 5 views 4 answers
Full durable Power of Attorney for ex fiancée (who's name deed & mortgage are in) was sent to mortgage co; they acknowledged in writing receipt of it & that it had been filed specifically in connection w/the loan account in question. When their Loss Mitigation Dept was contacted by me I was told an RMA pkg would be sent to me & that the address for the account had been changed back to the property's address where I still reside. Apparently they were telling me one thing while doing another, because not one document regarding this loan has arrived at my home which is the mortgaged property & address fr which the POA was mailed from. Once a co accepts a POA, are they not then legally obligated to ensure the attorney-in-fact of record receives all communications RE: the loan & it's status?

Attorney Answers

4
Shelley Elder ·
I agree with Mr. Carrier and believe you need to talk to a real estate attorney to see if they can help with is.
0 upvotes
Charles Mcclenaghan ·
I concur with the two other responses. Your questions are many and complex. A simple answer is not possible. You should contact a local attorney who specializes in real estate foreclosure defense.
0 upvotes
Cl Huddleston ·
I can't tell exactly what's going on here. This is a real estate question for a real estate expert. Many mortgage companies' files are in disarray after the economic downturn and government meddling in the lending process, so it is no surprise that things are screwed up. An expert real estate attorney may have contacts in the mortgage servicing company with which you are involved. Also: Are you sure the Power of Attorney wasn't revoked? As long as a "principal" is alive and competent, he or she can revoke or change the Power of Attorney, taking away the old "Agent's" power. And remember, a power of attorney ceases to have any power immediately upon the death of the Principal.
0 upvotes

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