Feb
27

I Have Already Received A Summons To Foreclosure….?

By admin

I have already received a summons to foreclosure, This realtor/investor will do a short sale on my property. Question- Is is Ok to give them power of attorney over my property?? Also, they will collect the rent from my tenant since they tell me, it is necessary to have legal control over everything to avoid any sues or complains with the tenant.. Is this ok to do??

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4 Comments

1

Be careful when anyone says they can help you if you just sign over a power of attorney to them. The question you should ask is what they’ll do to “take care” of the summons, and if they can help you do it on your own without giving them the power to represent you in regards to your house.
The summons is just a legal document that the court sends you to inform you that you are being sued. The bank is suing you for foreclosure, and you are being “summoned” to court to make an answer to the lawsuit. Either you or your attorney can file an answer with the court or request more time to sell your home.
Maybe you should hire an actual real estate attorney or contract attorney to help you deal with the courts and the Realtor/investor. That way, you’ll know who you are hiring and that they are competent to deal with the legal process of the foreclosure. Just giving a third party power over your home is usually not a good idea, and is something they will take advantage over.
Most short sales are not done with a power of attorney, just to be clear. A power of attorney would be used if you were disabled and couldn’t get to court to represent yourself and you wanted someone else to represent you just in that one instance.
Unless there are a lot of other protections for you in this deal, it might not be a good idea at all to sign over power over the house. Maybe if you can revoke any decisions made by the representative, you can retain enough power to rescind any bad decisions they make.
However, it would be best if you found a Realtor/investor who guided you in what to do about the summons on your own, and was just there to facilitate the short sale. Realtors already represent you if they are listing the house for sale — you don’t need to give them even more power to represent you in court, as well.
One danger is that they will use the power of attorney to sign over the deed to your house. Then you’ll have no way of defending yourself in court on your own because of the power of attorney, and you won’t even have control of the property anymore because you are not the owner. Just be careful of what powers you are signing away and how they will be used.
Hope that helps.
ForeclosureFish

2

This sounds fishy ot me. You haven’t provided enough details also.
Is this an investment property you already have with tenants in it?
This person whom you are giving power of attorney to, are they the ones that are going to purchase it via short sale? Or are they looking to sell it to someone else?
Did you bank approve the short sale?
Once you give them power of attorney, they can do what they want with the house. The can sell it to someone for half of what you owe. If your bank doesn’t agree to the short sale you will still owe whatever balance is left. You will also no longer own the house.
Your best bet is to get someone with professional experience on your side. This someone should not be involved in the transaction at all. A real estate attorney, a Realtor, someone that YOU find to represent your interests.
Good Luck!

3

You need to consult an attorney. If anyone has a right to the rents, it might be the lender that is foreclosing since you are in default on the mortgage.
That realtor/investor is trying to get a deal on the property and not looking out for your best interests. A short sale is pretty much the same as a foreclosure without the courts involvement.
I wouldn’t sign anything until I got some good legal advice.
Good luck.

4

No!!! It’s not your property any longer. You just received the summons which means no legal action has been taken as of yet but once a summons is issued for the foreclosure anyone can pay the mortgage in the rear and become the owner leaving you in the cold..so to speak. this person is not working on your behalf.

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