Need help with, Uninsured Deed Affidavit, Power of Attorney

[Mark Tomsick]

Requesting creative solutions for my first deal. San Diego, CA. I am working with a person who was lucky enough, or tricked into thinking, that this property was gifted to him. The original owner got into some trouble with the law and returned to his homeland of France. From there, he gifted this property to his significant other by way of a full Power of Attorney document. The person with the Power of Attorney then tried to transfer the Deed to his name. He discovered that this is not possible to acquire the property and now the Title Insurance company wants an additional Uninsured Deed Affidavit signed and notarized by the original seller.

The problem: The Power of Attorney associated with the Deed Transfer will not be accepted without the Uninsured Deed Affidavit, signed by the original seller and notarized. The original owner in France is not willing to come out from sanctuary to have these documents notarized and simply states “you guys do what you have to do, I am never coming back to the United States, and I am not exposing myself from here.”

The “new” owner has resided at the property for over 10 years. Is he doomed to live there, albeit mortgage free (property’s totally paid for in San Diego) without the ability to sell it?