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mkerr70 · Nov 5, 2008, 12:07 PM

Hi All,

I have a quick question. I have given authorization for someone to sell my property in Atlanta 2 months ago but haven't heard from them since. This authorization was notarized in California. Since then we've revoked this persons' right to act on our behalf and now she starts sending e-mails and such and telling us that the originally letter of authorization stated that she still has the right. Unfortunately there was no end or termination date. Since we sent her this termination letter, she has put a lien on the property. What are my choices in this matter. Also she indicates that the house is in escrow but we haven't received anything from her nor do we know the buyer. At this point we do not know anything about what is going on with the sale.. HELP>>>>

ScottGem · Nov 5, 2008, 12:12 PM

How do you know there is a lien? Did you check with the county clerk?

If the agreement did not have term on it then it could be terminated at any time.

You need to get someone local to represent your interests and get the facts.

mkerr70 · Nov 5, 2008, 12:17 PM

I was told through an email that there is a lien against the property. She is disgruntled because the house hasn't sold. I called the Clerks office and they said that without a book number and page number they cannot do anything. They also said I should contact the person who put the lien against me but we are not on speaking terms. Also being that I've cancelled her service (to represent us) will the lien hold any weight? Thanks in advance.

ScottGem · Nov 5, 2008, 12:21 PM

I suspect she told you there was a lien to scare you, but I doubt if there was.

On the other hand, why don't you have to legal description of the property? That's what you should need to to determine if there is a lien.

There are two types of liens that might be involved here. Since the services she was to perform were directly relaterd to the property, she might have put a mechanic's lien on the property. To do that she would only need to show a contract for services and claim that contract was not paid.

Otherwise she would need to sue you and obtain a judgement before she could place a lien.

mkerr70 · Nov 10, 2008, 03:58 PM

It was just a letter authorizing her to sell the property with no termination date. We've since sent another letter terminating her duties. She claims that we have a contract. Last I check this was not a contract. Now she says that there is a lien against my property.

Fr_Chuck · Nov 10, 2008, 05:30 PM

OK, she is lying, you can nt get a lien without a judement, she would have had to sue you and win. She is trying to talk you into letting her keep this up.

I am a real estate agent and live in Atlanta
Also was this a Power of Attoney, not just a letter, is this person a real estate agent or broker ?

What was the promice to pay a commission for this sell.

I live in Atlanta, and can tell you the market is down, houses may sit on the market for months or over a year right now. Most have went down in value at least 30 percent of past values, some even more.

If it is in some zip codes inside the city, even getting a loan on it right now will be harder.

You need to hire a broker to sell your house for you,

ScottGem · Nov 10, 2008, 05:47 PM

I'm not so sure she can't put a lien on. Since the relationship involved selling the house, she might be able to place a mechanics lien without getting a judgement. But I wouldn't trust her without checking with the county clerk.

mkerr70 · Nov 11, 2008, 10:36 AM

This letter indicated that she would receive anything above the payoff and all rehab performed from me. It was not a contract as she didn't signed it. It was just to authorize her to act on our behalf. Ex, house sells for 160k, payoff is 140k, rehab is 10k, she would receive 10k as a result. The house is supposed to be in escrow but we do not know who the buyer is, the bank that is appoving them ,etc. we do not know anything about this pending sale we decided to send her another notarized letter cancelling the previous authorization.

lauren6318 · Nov 12, 2008, 10:41 AM

OK, if she is a realtor, this would be illegal in my state. You cannot be in escrow without a contractor for sale, a mortgage co won't issue a mortgage without a contract of sale, and to get a contract of sale you need to have signed it , and would've seen the buyer.

If she is a realtor, go to her broker and explain this. They can both lose their licenses.

What is sticking in my head is the California notarization. Why was it notarized in CA? Is she in CA? This sounds fishy.

mkerr70 · Nov 13, 2008, 03:14 PM

It was notarized in CA because that's where we live. The property is located in GA. She is a realtor but there never been any communications with her about selling any property previously. She pretty much buys and sells property. I purchased this property and asked for her assistance. She told me that she would help me and the rest is history. Now we haven't heard anything from her about who's buying, where, bank, nothing...

Fr_Chuck · Nov 13, 2008, 03:23 PM

OK, she can not be in escow without a contract with the people, so she has to know their name, and all their info,

Also even if she has POA before, once you revolk that POA she can not act on your behalf any longer, so anyting she does past that point is invalid.

You will need copy of where you sent the cancellatoin of POA by registered mail or had her served by a private service company.

You need to find and appoint someone else to take over the POA on the property, they can go give her a copy of the new POA along with a copy of the cancellation, and then demand to see all of the paper work on the house.