Legal Question in Real Estate Law in New York

I have a durable power of attorney on behalf of both my parents, we are refinancing their home and now the bank is asking me to present the durable POA, but one for permission to refiance with the property address and the banks address. I thought a durable POA allowed you do anything you were granted permission for by the parties who signed the POA?


Asked on 7/27/10, 7:19 pm

2 Answers from Attorneys

Arkady "Eric" Rayz, Esquire Kalikhman & Rayz, LLC

A durable power-of-attorney provides an agent with powers that are not affected by the subsequent disability or incapacity of the principal or by the lapse of time. Your question has nothing to do with whether your POA is durable. Rather, it appears that the bank is questioning whether the POA (durable or not) authorizes you to act on behalf of your parents with regard to the refinancing. I suggest reviewing the text of the POA and, if the bank is correct, preparing another POA.

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Answered on 8/02/10, 6:07 am
Robert Davies The Davies Law Firm, P.A.

sounds like the Bank is being very demanding. You could use a lawyer's help in any case, to get this done. Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/02/10, 9:40 am


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