Hi Chris,

Have a quick question. I noticed in a reply to myselfagain you said to not sign a power of attorney for any reason. I coown a motorhome with my ex, he got it in the settlement and I paid my half of what was owed, etc. He needs to refiniance and get me off teh title and the liability for the vehicle. He sent a power of attorney in for me to sign to my attorney's office. I did not sign, now he produced the supposed loan for the vehicle, yet it is for about 10,000 less than what is owed on the motorhome. I have a feeling that something it not right and I won't sign. My attorney won't get back in touch with me about anything (changes in judgement, signing of jugdement and power of attroney, the new harrassment from ex, etc).

You sound like you know what is going on with power of attorney's et al, so thought I might be able to pick your brain a bit? I would greatly appreciate any help you or anyone else might have.

Lori

A power of attorney is something that needs to be VERY carefully looked at. If you ever need one, it needs to be EXTREMELY specific, because it can be very easily abused/misused/not understood what it really is.

A general power of attorney can be used for almost anything. You can take out a loan, buy a house, sell a car, etc. all in the name of the person who granted the POA.

A power of attorney gives someone the full legal power for whatever the POA is for. If you give him power of attorney for the vehicle, he can sign over all rights to him and leave you nothing. HE could sell it for $1 and you would have NO legal recourse. The POA is the same as you signing any documents.

If he wants to get the title in his name, he arranges for the refinancing in his name only, sends you the title, you sign it and mail it back.

No POA is needed for that.

now he produced the supposed loan for the vehicle, yet it is for about 10,000 less than what is owed on the motorhome.
He should not even be able to get it refinanced in his own name as your name is on the title. When you get a vehicle refinanced, the finance co. looks up any owners/lien holders on the vehicle. Something is not right.

My attorney won't get back in touch with me about anything (changes in judgement, signing of jugdement and power of attroney, the new harrassment from ex, etc).
Lawyers generally suck. Send them a registered letter explaining what you want them to do. Tell them you expect a written reply by xx date.

oops

<small>[ April 13, 2003, 04:31 PM: Message edited by: Chris (CA123) ]</small>

Bangarra,

In my divorce it stated we would both sign standard POA's issued for certain property.

My ex wouldn't sign it, my attorney said he's an idiot because it's a standard form, and if we take him to court the judge will tell him to sign or be in contempt. Also, she was going to ask for court cost and fees because he was disobeying something he agreed to.

His lawyer drew even drew this document up, it was a standard legal document.

I think he eventually got some legal advice as we were drawing up the papers to have him served and he signed them. Of course at much more legal expense to me, which sure could have been used for the kids in so many ways.

If you signed in your divorce decree you would provide him with one, I'd say get with your attorney and send it. If you didn't sign you would provide a POA then I wouldn't worry about it.

c'ya,

ANNA

oops again

<small>[ April 13, 2003, 04:36 PM: Message edited by: Chris (CA123) ]</small>

Thank you!!! I will not sign and will call the original lender and find out just how much is owed and do some checking on this supposed loan. I sure like how my attorney can BILL me, but not return a phone call or email. All I can say is that I am glad I have had the help and support of this forum and ways to look into my own agenda, cause if I waited for the darned attorney, I would have lost my kids and everything else!

Lori