Legal Question in Real Estate Law in California
Is it true that escrow can not close on a mobile home (pre 1976) until we get the insignia number?
All papers have been signed and escrow co. has payment for the home but will not close until insignia # is received from the state. Also the home belongs to my mom,she had dementia, I have power of attorney, escrow company refuses to accept my power of attorney & insists she sign all the papers. Escrow co. says it is company policy not to accept POA.
2 Answers from Attorneys
The escrow company is correct - you cannot close escrow without insignia numbers. Many people accomplish private transfers without them, but an escrow company will not finalize a transfer until new numbers or replacement insignias are issued, and HCD requires that those dumb little decals be physically on the back of the home. It is a real pain, but all the more reason to be sure that those little decals on the back of the home are never removed or painted over in the future.
With respect to signatures, HCD who handles titles for mobile homes will accept just about anyone's signature on transfer documents - they have no means of verifying the signatures, and they have a specific Power of Attorney form to be used in cases such as yours. I want to be clear - I am not advocating that anyone forge signatures or otherwise missuse this loophole at HCD, I am just clarifying that what HCD requires and what your title/escrow company require are two totally different things. Most title and escrow companies will not accept POAs in lieu of an actual signature to protect themselves from claims of illegal transfers. It is far too easy to forge a signature, or to falsify a POA and then sell someone else's home. I am in no way indicating that's what you are doing, its just that the escrow/title company doesn't know what your intent is, and want to deal only with principals.
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I agree with Mr. Gibbs as to the need for HUD insignia numbers. You should be able to get them fairly easily and quickly from prior records and/or the manufacturer's serial number or decal number. The California Department of Housing and Community Development's Web site has a search capability that might be helpful.
As to the Power of Attorney you hold, it is unfortunate that not everyone accepts even the most standardized form, despite efforts by the legislature to make POAs universally acceptable to facilitate their use in the transaction of business. However, as most attorneys who deal with real estate and POAs know, it is always best to determine well in advance who is going to be the escrow holder for a transaction, and when possible, to secure a POA that they recognize and approve, even one on their own form if necessary.
In your case, they may want a different type of Power of Attorney because the principal (your mother) is incompetent, or they may just not recognize what you're showing them as 100% reliably valid. Can't tell you without seeing your POA and knowing more about your mom's current legal competency.
However, the POA is likely to be your bigger stumbling block to closing, and you need to find out whether they will accept any form of POA or not, and either procure it properly or plan to have your mother participate personally in the closing.