Subject-To Paid Off — How Do You Cash Escrow Refund With POA When Seller Is Unreachab

Subject-To Paid Off — How Do You Cash Escrow Refund With POA When Seller Is Unreachab

Investor · Jacksonville · Member since 2021 · 14 posts · 10 votes

I recently refinanced a property purchased subject-to, paying off the original mortgage and the 2nd position.

The mortgage servicer issued an escrow-refund check in the original seller's name, but the seller is unreachable.

I have a notarized POA. However, banks won't accept the check.

Has anyone successfully resolved this without involving the seller?

I'd appreciate hearing what actually worked.

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  • Realtor · Memphis, Shelby County · Member since 2026 · 207 posts · 69 votes
    6d

    This is a frustrating spot, and it is one where a real estate attorney is worth the cost rather than a do-it-yourself fix. Banks often have their own power of attorney acceptance process, and a notarized POA alone is not always enough — some require their own form, additional review, or a legal department sign-off. An attorney can contact the servicer on your behalf, put the request in writing through the right channel, and advise whether the check can be reissued, deposited through an attorney trust account, or resolved another way. Keep a paper trail of every servicer conversation, including names, dates, and reference numbers, and send key requests by certified mail as well as by phone. If the servicer will not budge, an attorney can also advise on escalation options, including a formal complaint. Do not sign anything on the seller's behalf beyond what your POA and your attorney clearly allow.

    • Investor · Jacksonville · Member since 2021 · 14 posts · 10 votes
      6d

      I agree. I am also considering reaching out to the title company that handled the sub-to transaction and refi to see if they can assist and I will also consider exploring a real estate attorney as well.

  • Chris ColtonPro Member
    Investor · San Antonio, TX · Member since 2026 · 31 posts · 18 votes
    1d

    That is a frustrating spot, Kevin — and it is a good reminder for anyone doing subject-to to plan the exit paperwork up front, not just the entry. I am still holding my subject-to house hack, so I have not hit this exact escrow-refund step yet, but the paper-trail lesson from my own deals is the same: keep every servicer conversation, name, date, and reference number in writing, and get the title company and an attorney involved early rather than trying to work around the bank. What has the servicer told you so far about reissuing it?

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