Legal Question in Real Estate Law in California

Re: Nullify power of attorney

A nullification of your power of attorney will not eliminate your liability on the house. The only thing it will do is stop your mom on anything in the future.

If you want out of the "partnership" the best way is to file a partition action. I would be happy to discuss this with you further. Good Luck.

Hollie A. Lemkin

Re: Nullify power of attorney

If I understand the situation, you are the title owner, but your mom makes the payments. First of all, you do not need a power of attorney for this. The mortgage company has to accept the payments from whomever desires to make them. It looks like you did this so your mom would be entitled to notice regarding legal matters affecting the house. Bottom line--you have the right to revoke the power of attorney at any time for any reason. You signed a contract to pay back the mortgage--there is no way out of this, except bankruptcy, foreclosure or refinancing. If worse comes to worse, you can evict your mom and get a paying renter in there--but there are some very serious snags involved if you take this route. At the very least, your mom is entitled to the equity the house gained while she made payments. Maybe the threat of legal action will do some good. If not, you could have a very expensive legal battle on your hands.

Re: Nullify power of attorney

Dear Robert,

I believe that there are important facts missing from your question. Moreover, before anyone can give you legal advice, they would have to review the documents to which you are referring. I suggest that you contact your local county bar association referral service and request to be referred to a real estate attorney. The cost is minimal and probably well worth it. If you are in Santa Clara County, I am willing to help. My telephone number is (408) 268-2580.

Re: Nullify power of attorney

I agree that there are important facts missing from the question. An attorney would need to know exactly what the power of attorney allows the mother to do, and what she has in fact done.

The one thing that is clear is that this is a messy financial and family situation that can get even messier if not handled quickly and competently.

A local real estate attorney should be engaged to review all the documents. If any instruments have been prepared fraudulently, or in excess of the powers granted, a court can cancel them. However, whenever powers of attorney, deeds of trust and real property are at issue, not to mention mother-daughter conflicts, it is time to engage competent, local legal assitance. At a minimum, get a free initial consultation.