Power of Attorney

[maojko1112]

What is the name of your state? Nebraska
I recently discovered that the landlord to our farm ground who signed a lease in 2003 on behalf of his mother as Power of Attorney, does not actually have Power of Attorney. What does this do to the remaining term of our lease? They are in the process of selling the land. Are there actions we can or need to take?

 

[BlondiePB]

What is the name of your state? Nebraska
I recently discovered that the landlord to our farm ground who signed a lease in 2003 on behalf of his mother as Power of Attorney, does not actually have Power of Attorney. What does this do to the remaining term of our lease? They are in the process of selling the land. Are there actions we can or need to take?

Just exactly how do you know he does not have POA?

 

[maojko1112]

The realtor told us that he does not have Power of Attorney for his mother's affairs and he has no legal title to the land.

 

[BlondiePB]

The realtor told us that he does not have Power of Attorney for his mother's affairs and he has no legal title to the land.

Something's just not adding up here. Is the realtor YOUR agent or the landlord's agent? Where is this POAs mother?

 

[maojko1112]

The mother is alive and well and lives close by. The son is in financial troubles and I'm sure he was not giving her the rent, but he may have. (We had rented a different piece of land from him before, and we switched land after his dad died because of location. The realtor works for the mother (and son). I'm not sure what information the son is giving the realtor, but I know he did not produce a copy of the lease, the realtor asked us for it. It was signed and notarized at our bank. He has put us in some other situations in the past few years, so I know he's not being honest.

 

[BlondiePB]

The mother is alive and well and lives close by. The son is in financial troubles and I'm sure he was not giving her the rent, but he may have. (We had rented a different piece of land from him before, and we switched land after his dad died because of location. The realtor works for the mother (and son). I'm not sure what information the son is giving the realtor, but I know he did not produce a copy of the lease, the realtor asked us for it. It was signed and notarized at our bank. He has put us in some other situations in the past few years, so I know he's not being honest.

What REPUTABLE realtor does business with a POA without having that POA document? That does not add up, and why this realtor is giving you information about his clients does not add up either. Now do you understand why something's just not right with the realtor? I don't know what's going on with this realtor or what's going on with the POAs finances.

Sorry, just too many things don't sound right or all the facts are truly not known. You can look up landlord and tenant statutes/codes for your state on line. I'm sure you'll find info regarding the sale of property and tenants. The realtor will be dealing with the property, the POA, and the mother.

POA do not have to have property titled to them when they are acting as agents of grantor's property.