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Updated about 2 months ago on . Most recent reply

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Joe S.
  • Investor
  • San Antonio
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Seller closed with a POA and NOW!!!!🧐

Joe S.
  • Investor
  • San Antonio
Posted

A couple years ago, I contracted a property with a father and daughter Seller. Both signed the sales contract. They own the house together. On the date of closing the daughter showed up without the father. The daughter had a POA for her dad. ( power of attorney).

The daughter signed her portion and then signed her dad's portion with the POA. Everything went down as agreed on the contract..

Today the father and his brother showed up at the property and demanded the rent payment from the tenants.  Then the father and his brother showed up at the property managers office to harass the PM.

This is the first time something like this has happened where One of the sellers did not show up for closing, but was represented by someone signing on their behalf and then later was not happy about it.  

Has anyone had this happen before and what steps did you take?   I am considering as one of my steps filing a no trespass against the dad and his  brother..

  • Joe S.
  • Most Popular Reply

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    Ned Carey
    • Investor
    • Baltimore, MD
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    Ned Carey
    • Investor
    • Baltimore, MD
    ModeratorReplied

    You might have a title issue if the POA was forged or some other issue. In that case it is a title issue for your title company and the title insurance.

    More realistically until something like that is raised I would take a firm stand stay away or there will be legal consequences.  What those consequences might be I don't know, but I would certainly call the police if he doesn't leave next time he show up. If it continues the next step is a lawyer.  Or maybe it is as simple as calling the daughter. 

  • Ned Carey
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