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Home > Law > Real Estate Law   »   Power of Attorney handling eviction

 
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Old Jan 29, 2007, 07:56 AM
goseahawks
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Power of Attorney handling eviction

Four months ago our NY county court changed its policy on agents handling tenant evictions. I have always handled my mothers income property for her including evictions. with myself on the paperwork as agent for owner. What I've been told is only the owner or attorney can sign the petitions and only one or the other must be present in court. The court clerk also explained having my mothers power of attorney wont be allowed either. Can this be legal? I thought a full power of attorney meant just that....full authorization to represent her wishes. any thoughts?

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Old Jan 29, 2007, 04:25 PM   #2  
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Of course I am not an attorney in NY, but this needs to be challenged, it should not be legal. But you would have to try and do it, and be rejected, then you can file suit against them.
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Old Feb 3, 2007, 12:40 PM   #3  
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Quote:
Originally Posted by goseahawks
Four months ago our NY county court changed its policy on agents handling tenant evictions. I have always handled my mothers income property for her including evictions. with myself on the paperwork as agent for owner. What I've been told is only the owner or attorney can sign the petitions and only one or the other must be present in court. The court clerk also explained having my mothers power of attorney wont be allowed either. Can this be legal? I thought a full power of attorney meant just that....full authorization to represent her wishes. any thoughts?
Actually the law is several years old. Property Managers always went to court for their clients. Going before the Supreme Court, it was decided that property managers were "practicing law without a license" by representing their clients. In your case, since it is your Mother's property, have her sell you 1% of the property. You will then be an owner and everything will run smoothly. My opinion only, buy a Quit Claim Deed at Office Max. Be sure to bring your proof of ownership to court, just in case someone asks. Power of Attorney has never worked well in housing court.
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