Legal Question in Real Estate Law in Massachusetts
I have encountered someone who claims to have a power of attorney granted by the legal owner of a condo unit yet refuses to present it. Location: Somerville, Middlesex County, MA, USA
Questions:
1) Is it possible for a relevant power of attorney not to be in the public domain?
2) If such a document can be indeed sealed what ways are there to force them to show it - or to admit it does not exist as I suspect is the case?
1 Answer from Attorneys
Thank you for your question.
A power of attorney can only be granted by a writing that conforms with the law. If they won't show you a power of attorney, then they may as well not have a power of attorney. It is quite possible that you are being scammed. My advice is that you retain counsel immediately to assist you in your transaction. To answer your specific question, it is quite possible for a power of attorney not to be in the public domain, meaning not filed or recorded somewhere. There is no legitimate reason I can think of why a power of attorney would be sealed, as it is proof that you have the authority to act on behalf of another individual. Good luck and be careful.
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