Legal Question in Real Estate Law in Texas
When I bought my house a few years ago, the seller's used a Power of Attorney to sign for them as they were out-of-state. I am now in the process of selling my house, and it was discovered that the POA on file at the Title company had expired before the closing of my house. Does this mean that I do not own my house afterall? How do I resolve this issue?
Asked on 6/22/10, 1:38 pm
2 Answers from Attorneys
Joseph A. McDermott, III
Attorney at Law
If you have a problem, you can make a claim on your title policy.
Answered on 6/23/10, 9:10 am
Cheryl Rivera Smith
The Smith Law Firm
You own the house under "color of title." However, you do have a title problem. Contact the title company and ask them to obtain and file a new POA that will correct the problem, and in the alternative, the grantor of the POA can sign a new deed in lieu of using the POA.
Answered on 6/24/10, 5:18 am