Please HELP - Son Needs Access To Dad's Mortgage Account!

[Ibrahim Hughes]

I'm working with a seller who was deeded the property from his Father before the Father was inflicted with Alzheimer's Disease. The Father also gave the Son Power of Attorney (POA) over his affairs. The Father was then placed in the care of a cousin (she pretty much kidnapped him actually with hopes of getting access to his money) who was then given a more current POA (probably before he got Alzheimer's but we're not sure) who then used the more current POA to gain access to information on the Father's Bank Of America (BOA) credit line account. An account that is in default and is also a lien on the house I'm trying to buy.

We're trying to access the BOA account for payoff info and to negotiate a possible settlement except BOA has the more current POA on file. BOA will not give us access to the account because of the Son's outdated POA.The seller (son of the original owner) has no contact with the cousin and they don't get along so no real chance of getting assistance from her.

Does anyone else have any ideas as to how to get around this? My understanding is that the Son should still be able to get access to the account just by being the owner of record on the property. The customer rep. we spoke to disagreed although I’m wondering if their legal dept. would see things our way. Anyone with any knowledge and/or experience with this?

I'm hoping maybe @Account Closed , @Rick H. or others may have dealt with this.

[Wayne Brooks]

I don't know about "access" but I believe they must respond to a "pay off request" from a current owner, or title co. attempting to perform a closing. Are you trying to negotiate the loan amount, or simply pay it off?