Legal Question in Real Estate Law in Massachusetts
power of attorney
I gave my mother power of attorney to sign papers for the sale of my condo because I couldn't be there. The problem is that I never received a check for the sale from her. The deed was in my name but sher insists that since she was there to sign the papers, she gets the procedds from the sale. Is there any legal recourse I can take in order to recover the proceeds from the sale of the condo?
3 Answers from Attorneys
Re: power of attorney
You would have to sue her to get the money. It would have been better to instruct the closing office to wire you the cash. Where does your mother live? where was your condo?
Re: power of attorney
You can sue her for the money. Who prepared the power of attorney? Where was the Condo in MA or MI?
If under the terms of the Power of Attorney here only authority was to sign documents, then the money should have been issued to you.
You should contact an attorney immediately.
Re: power of attorney
YES! You most probably have a good claim (law suit) against your mother and possibly against the buyer of your condo and also against the Settlement Agent (the person that ran the closing). I'll be glad to discuss it with you as any attorney will need more information to properly advise you.