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Question...what would you do?

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robynfs
12/6/10!!

Member since 9/05

4947 total posts

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Question...what would you do?

My ex husband asked me to sign a power of attorney giving his attorney rights to sign the documents at our coops closing next week. This way I dont have to trek to LI. Well I was just reading the documentatin...and it states that he has rights to make real estate decisions for the rest of my life....its a standard form but still....would you sign this form? Most likely its fine and will be over after this closing...but it just seems odd...no? The closing is tuesday so i have to mail overnight tomorrow...what to do?

Posted 6/1/07 9:50 PM
 
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missus-hbradio
Twin mommy

Member since 5/05

15857 total posts

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Re: Question...what would you do?

I dont know much about stuff like that. Forms like that always intimidate me! Is it possible for you to have a lawyer look it over for you?

Posted 6/1/07 9:53 PM
 

sunny
Life is good!

Member since 5/05

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Name:
Stephanie

Re: Question...what would you do?

I wouldn't sign that.

Posted 6/1/07 9:55 PM
 

Snozberry
I might steal your diamonds

Member since 2/06

4680 total posts

Name:
Melissa

Re: Question...what would you do?

I wouldn't sign it.

Do you know anyone who can look it over for you asap?

Posted 6/1/07 9:55 PM
 

sunflowerjesss
Mommy to 3!

Member since 10/05

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Name:
Jesss, duh.

Re: Question...what would you do?

Wow, thats freaky, I would check with a lawyer before signing anything. Or somehow make to LI to do the closing yourself.

Posted 6/1/07 9:56 PM
 

tsullivan
LIF Adolescent

Member since 10/06

788 total posts

Name:
T

Re: Question...what would you do?

I know nothing about this stuff, but I wouldn't sign that. Can a lawyer look it over for you - do you know anyone? How far of a trip is it for you to go to the closing? It might be worth it for the peace of mind if you can't have anyone look over the document beforehand.

Posted 6/1/07 9:57 PM
 

MsMBV
:P

Member since 5/05

28602 total posts

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Me

Re: Question...what would you do?

Posted by sunny

I wouldn't sign that.

ITA. Plus from what I remember when I did this with my grandmother's property, there is a limited power of attorney...Chat Icon

Posted 6/1/07 9:57 PM
 

BabyFever
LIF Adult

Member since 8/06

1050 total posts

Name:
XXXXXXXXXX

Re: Question...what would you do?

I wouldn't sign it, when my DH has to get me power of attorney its usually written for one specific thing and there is a time limit on it. Becuse everytime he goes away we have a new one written up. Maybe you can have a new one written up, stating only for this closing.

Posted 6/1/07 9:59 PM
 

robynfs
12/6/10!!

Member since 9/05

4947 total posts

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Re: Question...what would you do?

Thanks for the info girls...I dont really know anyone who can look at it but I have a call out to someone who is looking into it for me.

The closing is in Oyster Bay and I am in NYC...just stinks to take a half or full day off work to deal with this for my ex. Chat Icon Plus I dont have a car...so not sure how I would get to the office...I am fuming at my ex right now..waits till 3 days before to send me the papers....UGHHHHHH

Message edited 6/1/2007 10:05:52 PM.

Posted 6/1/07 10:04 PM
 

pnm1654
Mommy to 2 boys!

Member since 5/05

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Re: Question...what would you do?

There should be a clause in there that states that this Power of Attorney ONLY applies to THAT PARTICULAR transaction. If it doesn't say that, DON'T SIGN IT!

Posted 6/1/07 10:08 PM
 

LightUpOurLife
Totally in love

Member since 8/06

12785 total posts

Name:
Bonnie-Jean

Re: Question...what would you do?

Posted by robynfs

waits till 3 days before to send me the papers....UGHHHHHH



Makes me think he is hiding something. I would NOT sign those papers.

Posted 6/1/07 10:13 PM
 

Karen
Just chillin'!!

Member since 1/06

9690 total posts

Name:
Karen

Re: Question...what would you do?

definitely don't sign it!! there is no reason for the POA to extend beyond the closing.

IMO, I would rather lose a day of work now, then have this turn into a nightmare down the line.

Posted 6/1/07 10:16 PM
 

Shelly
She's 7!!!

Member since 8/05

14624 total posts

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Re: Question...what would you do?

I would not sign a power of attorney without having an attorney review it. I would also not give an attorney who is not *my* trusted attorney power of attorney - especially if the contract is not limited in scope (e.g. pursuant to this contract only).

It is definitely worth missing the day from work. YOu can take the LIRR and a cab. The nightmares that you can have by signing over power of attorney for the rest of your life will be far more inconvenient than one afternoon.

Posted 6/1/07 10:20 PM
 

Superkat
More a stranger than a friend

Member since 5/06

9730 total posts

Name:
K

Re: Question...what would you do?

I wouldn't sign that.

Posted 6/1/07 10:25 PM
 

Kate07
Feel better my little guy!

Member since 5/05

4476 total posts

Name:
Kate

Re: Question...what would you do?

Posted by robynfs

it states that he has rights to make real estate decisions for the rest of my life



Wow. That is odd!

Posted 6/1/07 10:25 PM
 

CunningOne
***

Member since 5/05

26975 total posts

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Re: Question...what would you do?

I wouldn't sign it. Probably worth taking the day and going. I live in the Oyster Bay area, so if you need help with getting around, please let me know. Chat Icon

Posted 6/1/07 10:26 PM
 

MrsPornStar
Partners in crime

Member since 10/05

14656 total posts

Name:
Mama

Re: Question...what would you do?

Posted by Shelly

I would not sign a power of attorney without having an attorney review it. I would also not give an attorney who is not *my* trusted attorney power of attorney - especially if the contract is not limited in scope (e.g. pursuant to this contract only).

It is definitely worth missing the day from work. YOu can take the LIRR and a cab. The nightmares that you can have by signing over power of attorney for the rest of your life will be far more inconvenient than one afternoon.



I agree.

Posted 6/1/07 10:27 PM
 

nrthshgrl
It goes fast. Pay attention.

Member since 7/05

57538 total posts

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Re: Question...what would you do?

If it doesn't limit the scope, I would never sign it.

The fact that an attorney sent that to you makes me think you should absolutely be there to protect your interests. Any attorney worth his salt knows to make it a limited power of attorney for the signing of the contract only.

Hope this is over soon for you!Chat Icon Chat Icon Chat Icon

Posted 6/1/07 10:42 PM
 

Beth
The Key to your new home....

Member since 2/06

24849 total posts

Name:
Beth

Re: Question...what would you do?

I wouldn't sign it

I would want to be at the closing and to make sure I got my money- it would be worth the 1/2 day, train ride and cab

Posted 6/1/07 11:02 PM
 

rose825
Best Friends

Member since 6/05

10228 total posts

Name:

Re: Question...what would you do?

Posted by robynfs

Thanks for the info girls...I dont really know anyone who can look at it but I have a call out to someone who is looking into it for me.

The closing is in Oyster Bay and I am in NYC...just stinks to take a half or full day off work to deal with this for my ex. Chat Icon Plus I dont have a car...so not sure how I would get to the office...I am fuming at my ex right now..waits till 3 days before to send me the papers....UGHHHHHH



Can you get the documents ahead of time and sign them in the presence of a notary?

Posted 6/1/07 11:06 PM
 

Emily
Kasey & Me! Lurves it!

Member since 7/06

8703 total posts

Name:
STBHC

Re: Question...what would you do?

Don't do it, it's usually meant for older people who cannot make decisions for themselves anymore OR for anyone without the mental capacity to make decisions for themselves. My dad had POA for my 85 year old grandma AFTER she got dilusional. It is a binding contract that can be used in a court of law.


eta: If all you need is a Notary present, myself and other ladies would be happy you help you do it.

Message edited 6/2/2007 7:16:08 AM.

Posted 6/2/07 7:15 AM
 

Kara
Now Zagat Rated!

Member since 3/07

13217 total posts

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They call me "Tater Salad"

Re: Question...what would you do?

NO DO NOT SIGN IT!!!

First of all, you should never sign over that power of attorney to your ex-husband's lawyer - you should be signing it over to your designated representative or whoever else is selling the real estate with you. (In this case, since it's your ex, send your own rep or attorney).

Second of all, his attorney gave you the incorrect form. At the very least he should know how to edit out inappropriate language in a form he asks clients to sign. Sounds like a real winner of an attorney there!

DO NOT SIGN IT!

Tell your attorney ASAP you want a form giving power of attorney to your representative, not the attorney, for the purposes of this real estate transaction ONLY.

YES, this is completely fine to do - my parents just did this recently in NY and another house they bought in NC.

Good luck.

Message edited 6/2/2007 8:28:15 AM.

Posted 6/2/07 8:23 AM
 

Geraldine
Lovin Life........

Member since 5/07

2388 total posts

Name:
Geraldine

Re: Question...what would you do?

I wouldn't.......it could come back to haunt you......I'm not that far from Oyster Bay....if you took the train in, I would be happy to help you out w/a ride the rest of the wayChat Icon

Posted 6/2/07 8:24 AM
 

MrsT
Enjoying wedded bliss.....

Member since 4/06

1323 total posts

Name:
Katrina

Re: Question...what would you do?

Posted by robynfs

My ex husband asked me to sign a power of attorney giving his attorney rights to sign the documents at our coops closing next week. This way I dont have to trek to LI. Well I was just reading the documentatin...and it states that he has rights to make real estate decisions for the rest of my life....its a standard form but still....would you sign this form? Most likely its fine and will be over after this closing...but it just seems odd...no? The closing is tuesday so i have to mail overnight tomorrow...what to do?



Are you kiddingChat Icon Why would some lawyer that represents your EX need POA for your real estate transactions for the rest of your lifeChat Icon That does not sounds like a standard formChat Icon

What s/he should have sent is a limited POA. And even then I would NEVER sign a POA to allow my ex's lawyer to sign anything. If you absolutely cannot get out of work to attend the closing and you have to sign a POA then it should be for YOUR lawyer to attend the closing and sign for you or someone else you trust.

Sounds like your ex may be up to something. Do you know how much the coop is selling for and are you sure of the proceeds you are entitled to receiveChat Icon

Posted 6/2/07 11:49 AM
 

robynfs
12/6/10!!

Member since 9/05

4947 total posts

Name:

Re: Question...what would you do?

THANK YOU for all you advice, and offers of help...once again you girls really have come through for me...thank you!

I am not signing...I will go to the closing...the POA does not specify for this transaction only...it says all real estate transactions.

Just spoke with my ex husband and he is contacting the lawyer and we may postpone the closing now....

Thanks again...ill keep you posted!

Message edited 6/2/2007 12:16:39 PM.

Posted 6/2/07 12:15 PM
 
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