Legal Question in Real Estate Law in Florida

Liable for impeding sale?

I am currently Power of Attorney for an ex-boyfriend who is currently incarcerated. He owns his home that is going into foreclosure however he has a contract with Assist2Sell. My boyfriend decided to end his contract with Assist2Sell due to a conflict of interest being the agent was promoting ilegal tenancy by allowing his son to live in the now vacant home. I sent a letter to the bank at the request of my ex boyfriend letting them know he did not want Assist2Sell to sell his home and Deed in Lieu paperwork has been filled out and sent to the bank by my ex-boyfriend. I have now received paperwork from Assist2sell stating since my ex-boyfriend is incarcerated and I am Power of Attorney I am impedeing the sale of this home and will be held liable. My question is can I be held liable and why? Thank you for your time.


Asked on 6/03/09, 6:19 pm

1 Answer from Attorneys
Lawrence Tolchinsky Sackrin & Tolchinsky, P.A.

Re: Liable for impeding sale?

Generally, the holder of a power of attorney is not personally liable for the obligations of the maker of the power as long as the party holding the power has acted properly, including, but not limited to, correctly executing documents on behalf of the maker (Your ex-boyfriend) of the power. However, it is not possible to give you an exact answer without reviewing the letter(s), the contract with Assist2sell and any other documents pertaining to this matter. I would suggest speaking to a local attorney. You should be able to find someone who can provide a free consultation. Good luck.

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Answered on 6/03/09, 7:00 pm


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