PDA

View Full Version : Is a POA written in English, notarized in Denmark, legal and valid in Tennessee?


mwhop
Jul 19, 2011, 11:59 AM
As are most legal situations, my situation is very complicated. The details are so convoluted that they are not believable, but they are part of the nightmare that now is my life. I will try to express my questions in the shortest and simplest form. If there are special situations where an answer might be different, please include exceptions. I believe that the parties bringing charges are relying on the fact that due to my financial situation (my monthly income of social security and disability ($694.00) I cannot afford legal representation defend my position. So here are my questions. In simplest form, there are three main questions.

1.Is a power of attorney written in English and notarized in Denmark, legal and valid in the state of Tennessee?
2.In the state of Tennessee, who is the Bank required to notify?
a.The person whose name the mortgage is in?
b.The person whose name the deed is registered?
c.The person whose name the collateral is registered in?
3.Does Tennessee law allow the right to amend / equitable right of redemption?

Here are the questions with some detail:
Is a power of attorney written in English and notarized in Denmark, legal and valid in the state of Tennessee? I think the POAs are the form that can be purchased in office depot. –
There are two (2) POAs in play here and both are within one (1) family, one POA from brother B to brother A, and one POA from mother to brother A; that is brother A serves as POA for both his mother and his brother B.
-can the POA(s) be used to register motor vehicles?
-is that POA then valid to sign said motor vehicles over as collateral to secure a real-estate mortgage?
-are the POAs valid to transfer and / or register a deed of trust for the above-mentioned real estate)

The transactions pertaining to my questions occurred during a time of distress. My memory is not clear, but I do not believe the POAs were ever registered with the state of Tennessee. Without legal representation, the bank has been stalling for 3 week in fulfilling my request for information.

My second question pertains to notification of foreclosure, and the right to amend, (the term may be “equitable right of redemption”), that is pay off a debt before it is sold by the foreclosing bank.
Does Tennessee law allow the right to amend / equitable right of redemption in the situation described below?
The mortgage was in the name of brother A.
Brother A used the POA to register the real-estate deed in the name of the mother.
The mortgage was secured by motor vehicles that had been registered by POA in the name of brother B. There were other vehicles (registered in other name, specifically an uncle) used as collateral. The value of the vehicles was double of the amount of the loan they secured.
The mortgage was always paid up to date and was in good standing when the mother passed away. At the time of the mother's death, the bank was notified of such and that the property should be processed through probate.
Later we learned that the property was sold (for less than 1/3 of the appraised value) on the courthouse steps without notice or publication. We learned this from a neighbor who heard of the sale by way of “gossip” from the judge's wife. The neighbor attended the sale and attest that the only other people in attendance were the auctioneer, a bank representative, and the person who bid on and won the property with one bid.
Due to outright lies by brother B, The brother A, has been charged with felony charges pertaining to transporting and concealing the vehicles across state lines.
There are more unimaginable details pertaining to the corrupt brother B, another brother C, and a sister. The three (3) siblings are trying to take everything from brother A who disabled himself, cared for his mother who was paralyzed from the neck down for the last six (6) years of her life. The Brothers B and C, and Sister have said that they want nothing to do with the mother or brother A. Until brother A accepted responsibility for the mother, the other siblings were singing her over to state care in Denmark.
Even at the time of the mother's death, when brother A called to let the siblings know it was the last chance for reconciliation, brother B and the sister, said good riddance and called the mother every unmentionable name in existence. Brother C had stolen the mothers home fifteen years prior after he convinced the mother to deed her home to his name and then forbid communication from the mother or brother A. was not notified because his whereabouts were unknown.

Siblings, brother B, and the sister maintained that they wanted nothing to do with anything associated with the mother up until the day they received papers to “sign off” on their claim to real estate located in Kansas (also registered in the mother's name.

thank you for any assistance

tickle
Jul 19, 2011, 12:18 PM
mwhop, I know you don't want to hear this, but you really must find an attorney for your problems here, and I sincerely hope that someone in our legal department can sift through all the A B and C to get you some kind of answer.

All I can say is, a POA is POA no matter where it is from as long as it is nortarized by an attorney. Any attorney, lawyer, CPA, can be traced through their seal. So that won't be a problem. I don't think there can be more then one POA, that is not legal, otherwise, what the purpose be ?

Tick

joypulv
Jul 19, 2011, 12:34 PM
Try to take out the family feuds and just concentrate on the fraud and exact dates of events.
POAs become void upon death of the person giving up power.
POAs are not registered anywhere, just notarized, and if one includes power to do banking, the person with the POA has to take it to the bank and fill out separate papers.
POAs can be many different powers, and often are on a checklist type of form that specifies the limits and the powers. And again, it's void after death. So we can't answer any questions about who could do what and when.

The rest of your story will indeed require a lawyer, especially the shady deal on the house.

tickle
Jul 19, 2011, 12:51 PM
Hi joy, said I have to spread the rep although I haven't given you some in almost a week ! I agree this OP needs a lawyer, not only for the POA issue, but with all the shady stuff.

Tick

AK lawyer
Jul 19, 2011, 02:20 PM
...
All I can say is, a POA is POA no matter where it is from as long as it is nortarized by an attorney. Any attorney, lawyer, CPA, can be traced through their seal. So that wont be a problem. I dont think there can be more then one POA, that is not legal, otherwise, what the purpose be ?
...

Totally incorrect.

A document cannot be notarized by an attorney unless that attorney happens to be a notary public.

Attorneys, as I said, don't notarize (as attorneys). So they don't have seals.

A POA executed in Denmark needs to contain an Apostille (http://en.wikipedia.org/wiki/Apostille_convention).

And there is no problem with "Brother A" holding two different POAs.

A POA can be as narrow or as broad as the principal (the person executing it) wants it to be. If it is sufficiently broad, yes it can be used to change vehicle registrations and sign deeds of trust.

tickle
Jul 19, 2011, 03:57 PM
Totally incorrect.

.

You are the man, AK, sorry I was incorrect. I always thought a POA, and I have had two or three in my life time, both signed by family attorneys. But you could have let me down easy.

I retract my post in lieu of your knowledge and expertise.

LisaB4657
Jul 19, 2011, 04:47 PM
Totally incorrect.

A document cannot be notarized by an attorney unless that attorney happens to be a notary public.

Attorneys, as I said, don't notarize (as attorneys). So they don't have seals.


Totally incorrect.

In NJ an attorney can notarize a signature. As long as the printed name is followed by "An Attorney at Law of the State of New Jersey" then it is valid.

LisaB4657
Jul 19, 2011, 04:48 PM
You are the man, AK, sorry I was incorrect. I always thought a POA, and I have had two or three in my life time, both signed by family attorneys. But you could have let me down easy.

I retract my post in lieu of your knowledge and expertise.

He probably likes to think he is, Tickle. :)

Fr_Chuck
Jul 19, 2011, 06:55 PM
As noted, POA end the minute the person dies.

And how was the POA worded, I made some that only allows a person to do one specific duty, register my car, it would not allow them to selll car or do anything else.

So how was the POA worded.

As for house auctions or other court sales, often I am the only person who shows up,

So as noted, you need more fact info and less family anger in your post

AK lawyer
Jul 19, 2011, 10:36 PM
Totally incorrect.

In NJ an attorney can notarize a signature. As long as the printed name is followed by "An Attorney at Law of the State of New Jersey" then it is valid.

I didn't know that.
But I believe it's been quite a while since NJ was part of Denmark. Or Tennessee either.
Sorry, Tickle I was more harsh than I needed to be.

LisaB4657
Jul 19, 2011, 10:44 PM
I didn't know that.
But I believe it's been quite a while since NJ was part of Denmark. Or Tennessee either.
Sorry, Tickle I was more harsh than I needed to be.

I'm sure it's been quite awhile.

But sweeping statements on an international forum can be dangerous.