Legal Question in Real Estate Law in California
Loan liability
My husband and I have power of attorney for his mother who does not speak English. They are both on title for her house. My husband took out a loan on his mother's house with her knowledge. We both (my husband and I) signed the papers for the loan as power of atty. for his mom. Now her attorney wants me to sign a paper saying that I am liable for this loan in the event he fails to make payments. I have no interest in the house should either of them pass away, but I still would have to make the payments for this loan. The loan was under my husband's and mother in laws name only. This is the second time that my husband has taken out a loan with mom's knowledge. I don't feel that I need to sign anything. If I am legally responsible for this loan anyway, why is my signature so important? Am I still responsible for a loan that they took out. Mother in law got new roof on her house from this loan. My husband got the balance of cash.
1 Answer from Attorneys
Re: Loan liability
Dont sign. At this point you are probably not personally liable since you were just acting as Mom's agent. Dont sign.