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How do I know as of 2008 if someone had me sign over power of attorney for sale of my property.

Miami, FL |

How do I investigate through Recorded Power of Attorney. I have been fighting Cancer since 1995 last bout in 2009. During the short sale of my property I cannot recall. I describe it similar to being under medication and it was concluded by my Oncologist that I am terminally ill. I believed my property was a short sale. Now to find out since it was a 80/20 loan one bank bought it back with 80%. the 20% has been on my credit report for the past three years without my knowledge unfortunately. No file can be found in public records. I've had a title company look into it and looked into Miami Public records and cannot find how the transaction was made. In the mean time I have 42,000 and change on my credit report. It just doesn't seem as if the process was done legitimately.

Attorney Answers 2


If there was a short sale go into the official records to obtain a copy of the deed and see who actually signed it and in what capacity. The transfer may not be valid if it was forged or fraudulent.

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I've abtained the official public record dated 12/10/2008 Certificate of Title 1st Party Clerk of Circuit Court 2nd Party HSBC Bnk USA / 1st Party HSBC Bnk 2nd Party Clerk of Circuit Court. So the bank that had th first Mortgage bought the property back ? $ 170,00 shown 0 balance owed on my credit report. Second mortgae EMC mortgage had nothing to do with the courts or the transaction still shows i owe for the second loan 20% 43,00.... how do I clear this up if both banks were dealt with in the same fashion but EMC never responded or cooperated. How could the property be sold without both banj\ks being invovled? Do I contact all three Credit Report Companies? I'm terminally ill, and I really would like this cleared up quickly! I thought I did my part fairly to clear up the prolblem without going into forclosure. What is my next step......


When you review the deed to see who signed it you will be able to see if it signed by another person under a power of attorney. You should also be able to see (in the top left corner of the first page) who prepared the deed. If it was signed under a power of attorney, that preparer should have recorded the poa also. If they did not, they should at least have a copy. It is likely that the preparer of the deed was a title company. Since they insured the deed they should be able to tell you what happened.

Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts and Probate The information provided is for educational purposes and not intended to provide legal advice or to create an attorney client relationship.

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