Legal Question in Real Estate Law in Mississippi

power of attorney used for mortgage

i went to a local office supply store for a poa and my husband checked a few boxes off and then had it noterized. i later then checked off all boxes and obtained a mortgage on our home without his knowledge .now 6 yrs. later he has found out and said that the mortgage co. and i did this illegally. did the mortgage co. do anything illegal ? can they be held liable ? did they need a specific poa or could they use what i had legally ?

Asked on 5/19/09, 9:36 am

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: power of attorney used for mortgage

A specific power of attorney is necessary to convey title. Therefore a general power of attorney was not effective for that purpose. However, it is still a fraud on the lender regardless of whether it is specific or general if the lender reasonably relied upon the document for making a loan.

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Answered on 5/22/09, 4:17 pm

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