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WP - Is the property under listing agreement with a Realtor? Unless you’ve got a lot of experience selling property and know how to do documents & filings needed for CO and for sure you can access the safe deposit box that contains totally good original DPOA, I’d suggest you speak with a Realtor to handle the sale in Colorado. A Realtor or their group likely has had to deal with all sorts of these type of issues before and also know how to get work-arounds done right now with so many places and offices being closed due to Covid. Like a mobile notary who has a printer & scanner in their car.
If your Aunt in Colorado is competent and cognitive, she can do a fresh DPOA and written to cover whatever sentences needed to allow for you to do full financials for her; the Realtor will know a Real Estate atty who can do this they can refer you & your Aunt to. If the sale should need any legal done, I bet the atty can bundle all into a single fee & with a bow on it for y’all.
Is the “buyer” an investor or someone who approach you on selling her home? If so I’d suggest you also be very cautious on your dealing with them and any earnest $ the buyer wants to give you. Personally I would not, not, not take or deposit any earnest $ till you have the legit DPOA in hand, and have a drawn up by Atty Purchase Agreement or Warranty Deed all with a precise legal description just waiting for buyer to clear their lenders sign off on. If you take earnest $ and there’s a problem with the dpoa or having Auntie or you to do something or you have a travel delay, so that sale gets put off beyond couple of weeks, the buyer can kill the sale and might can file an opportunity lost type of small claims filing against the property for escrow $, interest that could have been paid on the $ and a $ figure for time lost. It’s easy to do. It will put a cloud on the property title so you’ll have to settle the claim to get it lifted to ever do a sale. Where I am, tends to get done when there’s inherited or multiple owner property and there’s 1 who just won’t sign off and puts sale into stall mode.
Another thought: who drafted the POA? Assuming it was done by a law firm, do you or your aunt remember the name of the firm and the attorney who drafted it?
If not, do you have a general idea when it was drafted? You could check your aunt's financial records to see to whom the payment was made.
I'm assuming also that it wasn't recorded in Colorado?
You might also check the title work - I assume you were issued a copy of the commitment? It would typically address the fact that an acceptable DPOA or POA specific to real estate transactions and authorizing you to act on your aunt's behalf would be required. If there's any possibility the document was recorded, they would pick that up in doing the title search.
You wrote that it "may" be in a safety deposit box. What are your alternatives if it's not, and assuming that your aunt is still able to execute a new one? And if so, is there a reason why she won't be executing the purchase agreement?
(Please tell me though that it wasn't an online document that was used???)
Look up on google, and Call the county assessor's office (whatever county the house is in...Denver, Arapahoe, Jefferson?), and tell them you need a duplicate title. They will tell you how to do it.
First, check the POA document itself. My mother's DPOA authorizes real estate transactions and states a copy of the document is as acceptable as the original. Agencies accustomed to requiring the original may need the "copy use" paragraph highlighted. If you keep getting push back, you may want to consider petitioning the county court where the property is located to certify/accept/register the document copy.
My mother's document also contains a "stamp" identifying the law firm that prepared the document.
If the POA was recorded, you will need to know exactly where. Contact that county's Register of Deeds or Recorder's office for a certified copy. You may even be able to do that online, depending on the county's level of services.
I recently sold my mother's house in Colorado, and yes, I was required to bring the original document to the closing. Did the real estate agent selling the house have any solutions? I would inquire to the following: The Bank. Call the bank that holds the safety deposit box to ask what your options are. You might be able to authorize/hire a legal proxy to review the documents and see if it's there. 2. Title Company. I would make some inquiries to title companies here in Colorado and see what they allow/suggest, based on your circumstance. My realtor, who was beside me for the entire selling-journey, used Land Title Guarantee Company (phone 303-321-1880). They were excellent! I'd definitely call them 3. Real Estate Attorney (last resort). I would contact a real estate attorney in Colorado.
The attorney that drafted the POA might be able to provide documents that would be acceptable and the attorney's office should be open, or at least reachable by phone or email.
Is your aunt deceased? If your her P/A if she's passed this document may be worthless. Depending on the content of your aunts documentation, you may have look into probate. Does she have children? If she's still living where does she live. What does she want to do with the house? Selling a home requires a title search report done by a title and escrow company. Is your aunt still comprehensive and alert. Does she know whats going on around her?
Keep in mind, this isn’t true across the board. What your county offers online is specific to YOUR COUNTY ONLY. Not all counties and states have that information available online.
Your best options appear to be what has been suggested. If you know who the attorney was who drafted the POA, contact them. They should be able to provide an "original" copy. If your aunt is still competent, she could draft a new one OR just sign off on the sale herself. Your profile only states "age related decline", so if she doesn't have any kind of dementia, drafting a new one or having her sign would work.
IF she has passed away, the POA is of no use to you, as the powers assigned to you in that document end at the time of death.
We sold my mother's condo, mainly using the POA document for signing most paperwork. The EC attorney told me this was fine, EXCEPT for the deed itself. He said her signature was required on it, notarized. Thankfully the facility she resides in (MC) has a notary and when asked she told me she only has to witness mom's signature, not that mom understood what it was. Seems rather silly to require someone with dementia to sign like that, but whatever. The sale went through, no problems with that.
As someone noted, beware selling to any of those house flippers. Be sure this is a legit sale!
The operative word here is copy. Title companies need the original, at least here in Colorado where her aunt's house was sold. That's why originals are kept in a safety deposit boxes because there is only one.
In addition to consulting, perhaps, with the attorney who prepared the POA--if the attorney is known--I would suggest taking a 2nd look at your POA. Review thoroughly to check for the existence of clause that declares that a PHOTOCOPY of the POA is to be received as an 'original'. If that is the case with the POA from your Aunt, there is no need to travel, as the photocopy will be sufficient (probably with your ID). Also, if the POA was recorded with the Probate Court in the Jurisdiction in which your Aunt resides, you should be able to request a Certified copy from the Probate Court (for a fee, of course!). Court-certified copies are usually accepted as 'originals'. Of course, as observed by another, the POA is only good if your aunt is living. Otherwise, you will need to consult with a Lawyer (usually better than do-it-yourself efforts) about probating a Will, if your Aunt had one, or filing for an Administration (for situations where people did not prepare Wills or are not willing to probate the Wills). Good luck and best wishes to you and your aunt, if living!
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Unless you’ve got a lot of experience selling property and know how to do documents & filings needed for CO and for sure you can access the safe deposit box that contains totally good original DPOA, I’d suggest you speak with a Realtor to handle the sale in Colorado.
A Realtor or their group likely has had to deal with all sorts of these type of issues before and also know how to get work-arounds done right now with so many places and offices being closed due to Covid. Like a mobile notary who has a printer & scanner in their car.
If your Aunt in Colorado is competent and cognitive, she can do a fresh DPOA and written to cover whatever sentences needed to allow for you to do full financials for her; the Realtor will know a Real Estate atty who can do this they can refer you & your Aunt to. If the sale should need any legal done, I bet the atty can bundle all into a single fee & with a bow on it for y’all.
Is the “buyer” an investor or someone who approach you on selling her home? If so I’d suggest you also be very cautious on your dealing with them and any earnest $ the buyer wants to give you. Personally I would not, not, not take or deposit any earnest $ till you have the legit DPOA in hand, and have a drawn up by Atty Purchase Agreement or Warranty Deed all with a precise legal description just waiting for buyer to clear their lenders sign off on. If you take earnest $ and there’s a problem with the dpoa or having Auntie or you to do something or you have a travel delay, so that sale gets put off beyond couple of weeks, the buyer can kill the sale and might can file an opportunity lost type of small claims filing against the property for escrow $, interest that could have been paid on the $ and a $ figure for time lost. It’s easy to do. It will put a cloud on the property title so you’ll have to settle the claim to get it lifted to ever do a sale. Where I am, tends to get done when there’s inherited or multiple owner property and there’s 1 who just won’t sign off and puts sale into stall mode.
Your Aunt is alive, right?
Another thought: who drafted the POA? Assuming it was done by a law firm, do you or your aunt remember the name of the firm and the attorney who drafted it?
If not, do you have a general idea when it was drafted? You could check your aunt's financial records to see to whom the payment was made.
I'm assuming also that it wasn't recorded in Colorado?
You might also check the title work - I assume you were issued a copy of the commitment? It would typically address the fact that an acceptable DPOA or POA specific to real estate transactions and authorizing you to act on your aunt's behalf would be required. If there's any possibility the document was recorded, they would pick that up in doing the title search.
You wrote that it "may" be in a safety deposit box. What are your alternatives if it's not, and assuming that your aunt is still able to execute a new one? And if so, is there a reason why she won't be executing the purchase agreement?
(Please tell me though that it wasn't an online document that was used???)
My mother's document also contains a "stamp" identifying the law firm that prepared the document.
Hopes this helps.
If she's still living where does she live. What does she want to do with the house?
Selling a home requires a title search report done by a title and escrow company. Is your aunt still comprehensive and alert. Does she know whats going on around her?
IF she has passed away, the POA is of no use to you, as the powers assigned to you in that document end at the time of death.
We sold my mother's condo, mainly using the POA document for signing most paperwork. The EC attorney told me this was fine, EXCEPT for the deed itself. He said her signature was required on it, notarized. Thankfully the facility she resides in (MC) has a notary and when asked she told me she only has to witness mom's signature, not that mom understood what it was. Seems rather silly to require someone with dementia to sign like that, but whatever. The sale went through, no problems with that.
As someone noted, beware selling to any of those house flippers. Be sure this is a legit sale!