A quick consultation with a real estate attorney is probably in order.
If you aren't using a real estate attorney who can advise you, then you are a fool on this one. Why do you have the POA, what is the reasoning AND could it have been revoked is she is now your ex-wife.
You can sell using her POA but it will need to be recorded in the Register of Deeds office. She is just as much an owner as you are even though she isn't on the note.
I would check that what you did was legal
as I would be VERY surprised if the loan/mortgage company would allow somebody's name to be added to the title who was not party to the loan, cos the company cannot sue them or force a reposession cos they are part owner of it and owe them nothing
It appears to be valid but a title company is going to ask why she can't be present or if she's available via email.
unless someone here is a lawyer, it is not legal to provide legal advice to you or anyone else
you have her power of attorney, what did you think that provided you
In last refinance of my house I added my wife also as co-owner in TITLE. She is NOT listed as co-borrower.
I have Notarized Power of attorney from my wife , Do I have to register in county court or Notarized Power of attorney is enough ?
Here goes my question
1) Can I sell my house without her signature as she is not co-borrower? As said I have Notarized Power of attorney from my wife
2) If not, Can I use her Power of Attorney to sell this house if she is not present?
Here is content from POA.
“ To buy, acquire, lease, or invest in property, real or personal, tangible or intangible, including, but not limited to, any security, option, “flower bond”, or other type of investment o whatsoever kind and nature”
To sell, grant options upon, or lease any lands, buildings, or other improvements or appurtenances to lands now belonging to me, or that I may own in the future, or in which I may have an interest, and to execute and cause to be recorded any all deeds other documents that may be necessary with the respect to any transaction involving my property
Actually we are moving out from USA back to India and in India school session starts in March / April . Our plan is to send my wife and kids back and get admission in school and I will join them after selling my house as its need painting and new carpet ?
There are no dispute between my wife and me and just want to know best solution in this situation.
