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Updated over 8 years ago,

User Stats

19
Posts
1
Votes
Matt Mach
  • Melrose, MA
1
Votes |
19
Posts

HELP! Seller did not obtain power of attorney from trustee

Matt Mach
  • Melrose, MA
Posted

Hello BP,

I'm hoping someone can give me a bit of advice here. I finally got what I thought was my first flip deal in Melrose MA. Here's the back story...

I have an "accepted" offer from someone who I thought had power of attorney to sell a single family house that was put into a trust. The trustee of said trust is currently in a nursing home/hospital. Who I was dealing with was essentially the beneficiary of the trust but the mother (trustee) is still alive. Everything seemed to be working out fine until today when I found out that that court deemed the mother to not have the mental capacity (a few weeks ago) to give power of attorney to her son. So... the offer is not legally binding since he doesn't have the authority to sell (I think). 

To add to this, the seller is behind on her Medicare payments and is at risk of having a lien put on the property along with being in default of her mortgage. So as far as my understanding takes me, I have to wait until the court appoints someone as power of attorney to legally sell the house.

So my question basically is. What should I do at this point? I obviously can't inject myself into their family affairs but is there a way that I can at least find out if all the above info is correct? I would assume it has to be public knowledge that someone is unable to legally sign a contract. 

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