We had to sell my stepfather’s house in order to continue to pay for his board and care home. I have durable power of attorney for finances which came into effect when he signed it. The title company made me get a letter from his doctor stating he was diagnosed with dementia and unable to make financial decisions. He is insured through Kaiser and when I emailed his doctor to ask for the letter she made a telephone appointment for a week after the house was supposed to close, so I could tell her what it was exactly I needed. I told the title company this would take too long and I would just bring him in to sign the papers, to which they said they couldn’t accept his signature since I had already notified them of his dementia! I feel they are overstepping their bounds and requiring doctors letters that they don’t need. My durable power of attorney for finances is not springing so they should have just excepted my signature. They said this was for everyone’s protection. They also took my original durable power of attorney and gave me a copy! They said they would mail it to me when they were done. I told them I was very uncomfortable with that and I would like to pick it up instead of having it mailed. Am I crazy, or are they crazy?
I think they're just erring on the safety side in getting a doctor's letter, and I can understand their desire for a copy of the DPOA as well, but certainly not the original, of the DPOA. I've always provided only copies. If anyone planned to keep an original, I'd immediately go higher up the chain of command.
Go beyond whoever you're working with; ask to speak with a supervisor, and/or tell them that if they want to write the title policy, you expect more cooperation and not a mandatory demand to keep the original. And they should accept your signature with a copy of the DPOA.
My sister bought her house from sellers who had moved out of town but left a friend with limited POA power solely to sign documents. I attended the closing and everything went smoothly. The proxies didn't even attend; the title company accepted the limited POA but didn't require their presence.
Closing dates can be changed; if they're not flexible, perhaps they shouldn't be handling the transaction. You can't force Kaiser to move much faster. And I think whoever you're dealing with at the title company isn't very flexible.
Is this an outright sale to someone, or is there a realtor involved?
You could also ask the doctor if one of her NPs or PAs could handle the issue, writing a letter and e-mailing it to you, coped to the title company.
Stand your ground and DON'T let them keep the original of the DPOA.
Over the years I worked with top notch title officers, in top notch title companies. But we also were aware that one particular title company engaging in commercial title activities was sloppy. We avoided that one!
I would raise the roof about them taking your original POA. That is overstepping their bounds. Seeing the original and making a copy is always acceptable. Everything tells you to NEVER give anyone your original POA. Go get it tomorrow and if they complain, tell them you are happy to use a different title company that will not take your original documentation, incorrectly. If they think having the original is so important then why are they so clueless how important it is for you to have and retain. Remember that you are the customer and you don't have to use their services, there are other title companies, even the smallest town has at least 2.
Make sure at the sale of the house, u or your lawyer ask for the original. A person from the Title agency should be present.
I think I'd be getting aggressive and telling them that they need to get someone who's experienced, IMMEDIATELY return your original, or you'll be finding someone else, and filing a complaint.
I don't have time right now to do more research, but I believe that the ALTA (American Land Title Assn.) might have some oversight role for problem title companies.
https://www.alta.org/about/
BTW, who chose this company? Was it a realtor?
Example, in my State, everything goes smoothly if the address of the house is in the body of the financial Power of Attorney. My Dad had that, and even though he had signed the Listing Agreement, Residential Sale Contract and the dozens of Addendum, he didn't want to bother going to the settlement. He was still of clear mind at that time, but physically it would have tired him out. Thus, I signed the closing paperwork for him.
The Settlement Company needed to see the original Power of Attorney, to which they made a copy and gave back to me the original while I waited prior to Settlement.
The funds received from the closing were wired from the Settlement Company into Dad's bank account. Thus, I had needed to have a VOID copy of one of Dad's checks for the routing.
ABoston, hope everything goes smoothly on settlement day :)
You want to keep several - what's the word, senior moment - oh for goodness sake! - certified? - anyway, originals of the document! That's another tip that never seems to get mentioned until you need them and you're facing weeks of waiting to get more.
There should be a check list for POAs of ways to jump the obstacles that everyone throws in their path.