Posted on: 09th Oct, 2007 12:44 pm
My husband is in prison. I lease optioned our property, with his permission, about one year ago. The man has already paid us a substantial amount of money. I asked my husband to sign a limited power of attorney so I can transfer ownership of the property and he agreed to do so. He wrote to me and said he had the papers signed and notorized but I have not received them yet. Then he wrote to me yesterday and said the notary at the prison was not licensed by the atate which is a load of crap (I called the prison and they have 4 notaries on the premises. I donot know what to do. The man buying the property is very upset and says I had better get the papers signed or else he is going to the district attorney and pressing fraud charges on me. I want to sign over the property to him, but my husband is giving me the run around. Is there any way I can sign over the deed without him?
I think you should first go through the limited power of attorney document and find out what rights you have. if it states, you can transfer ownership on behalf of the person who has assigned you the poa, then you should be able to do it.
Hello,
I don't think you can transfer the property without the power of attorney. I guess there is no other option for you to act on his behalf.
All you can do is talk to this buyer about your problem and take some time from him. In the meantime, get the papers notarized by a licensed notary.
I don't think you can transfer the property without the power of attorney. I guess there is no other option for you to act on his behalf.
All you can do is talk to this buyer about your problem and take some time from him. In the meantime, get the papers notarized by a licensed notary.
If the title is on your husband's name you can't sign over the deed without him. You should first request the prison officials to allow you to get a licensed notary from outside. And make sure all the points are written clearly that you want on the limited power of attorney document. Hoping for the best :)