Legal Question in Real Estate Law in Pennsylvania

The Lawguru Team,

We are in the process of getting a our mortgage modified. We are working with a third party to help us with this process. Our mortgage company wants us to get a POA signed and notarized It must contain the name of the persons to whom the POA is given and that they have the right to handle our affairs of their property, on behalf of the mortgagor.

What POA form should we use?

Thank you,

Doreen vangeli


Asked on 3/06/10, 11:37 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You should not have to give anyone a Power of Attorney to handle your affairs for a mortgage modification. It would permit the person you appoint to do any and everything with your property, and there have been cases where they transferred the property from its owners and do nothing to modify the mortgage. The result was that the owner lost its property AND its credit was impaired because the mortgage was foreclosed on with a judgment against the original borrower/owner.

If you are paying a company for its services, it is most likely a scam.

There are qualified non-profit credit counseling agencies that work with borrowers to negotiate a mortgage modification. Look for a government authorized Consumer Credit Counseling agency, that provides services with no charge. They are accustomed to dealing with mortgage holders for modifications.

Try:

HUD Approved Housing Counseling Agencies

http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate;This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Miriam Jacobson

Law Offices of Miriam N. Jacobson

1900 JFK Blvd. Suite 1519

Philadelphia, PA 19103-1431

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Answered on 3/11/10, 4:51 pm


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