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?


Asked on 12/30/05, 9:00 pm

3 Answers from Attorneys

James Hall Qua, Hall, Harvey & Walsh

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?

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Answered on 12/31/05, 7:46 am

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.

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Answered on 12/31/05, 5:03 pm
Murray Davis Law Office of Murray I. Davis

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.

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Answered on 12/31/05, 9:17 pm


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