Legal Question in Military Law in Mississippi
Military POA
The United States Code specifically mentions that state law will have no bearing on military--name removed--of attorney. 1044a and 1044b. Instance: Mississippi clearly prohibits spouses from being name as an attorney-in-fact when it comes to a home purchase with morgage loan. Objection from lawyer involved: It doesn't matter that the U.S.C. specifically mentions 'substance' in it's wording, because 'substantive' state law still applies. Discussion on definitions: Lawyer claims two completely different meanings, but will not cite references, statutes, or caselaw, to clarify. I claim substance and substantive refer to essentially the same thing, i.e., the spirit of the law, but haven't found any legal definitions of the two terms. For reference: U.S.C. Title 10, Subtitle A, Part II, Chapter 53, Section 1044. Mississippi Code of 1972, Section 89-1-29, as revised by HB921, 2007 Reg. Session. What, if any, civil suits could be in order for this violation of the U.S.C.?
What, if any, criminal charges could be in order for this violation of the U.S.C.? This lawyer told me to research the caselaw and statutes that further interpreted the sections in question. She refused to cite anything supporting her position, but expects them from me.
2 Answers from Attorneys
Re: Military POA
Miss. does not prohibit spouses with power of attorney from using it to obtain a loan and using the loan to purchase real property. However, the lender may never the less require the principal to sign the mortgage loan as a condition to its making the loan.
Re: Military POA
Correction to response. It has been pointed out to me that 89-1-29 has changed in the past three months. In Mississippi, one spouses cannot now have effective powers of attorney to convey away the homestead property of the other spouse.
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