Can I use Power of Attorney to help sell a jointly-owned home?

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User question: My fiance and I purchased a home together then separated. The judge granted me the home but it doesn't remove his name from the mortgage loan. I have made the payments for the last seven years. I no longer receive child support so paying the mortgage has become a greater challenge. I want to sell the home but my ex is not available to sign papers. Can I have him sign Power of Attorney over to me only for his signature and sale of the home? I tried to refinance but it's a mobile home. I was also told that I could advertise the attempted sell in the newspaper and if he doesn't come forward, then the process could still go through. Please help!

Answer from blueroof.com: We are sorry to hear about the trouble you are having.

The short answer is yes he can sign a "Specific Power of Attorney" that pertains to only the sale of the property in question.

My recommendation when doing this is to have the title company you are going to use in the sale draft the power of attorney.

The reason for that is some title companies require it to be from their company in order to honor it for the policy of title insurance. It is better to do it there the first time than to do it once and then have to do it again later.

As for the advertising it and so forth, I would recommend speaking with an attorney about that process because doing something like that MUST be done 100 percent properly to be valid.

*Nothing here is considered to be legal or tax advice. Any and all questions regarding tax or legal issues need to be directed to an appropriate and licensed professional.

Joe Duffin
Broker for Blue Roof Realty

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