How to force POA to cooperate w/county recquirements
This is a discussion on How to force POA to cooperate w/county recquirements within the Neighbor Law forum, part of the Other Real Estate Law Matters category; When I purchased my home, I discovered in closing that the developer did not stake out the boundary lines correctly ...
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When I purchased my home, I discovered in closing that the developer did not stake out the boundary lines correctly thus, my house is encroaching 2 ft on the adjacent vacant lot. I was forced to buy the two lots to resolve this issue and have been forced to pay POA dues on those lots that I cannot sell or do anything with.
I am trying to get a home equity loan to do some critcial repairs to the house. The bank will not close on the loan until I can show the house lot is separate from the vacant lots. To do this, I must request a re-plat of all three lots. One of the requirements the county must have is a letter from the POA stating that they have no objection to the re-plat. The POA is refusing to write a simple letter stating that they have no objections. They say they don't get involved in re-plats and as far as they are concerned, all three lots are already separate and I own them so they don't think they have to comply with the required letter. I must sell these lots because I cannot afford the POA dues so I MUST re-plat these lots. The bank is telling me I don't have much more time to close on the loan. Meantime, the POA is holding up the submission of the re-plats because the letter is required to complete the paperwork. I cannot move the house. I cannot tear down the house to resolve this encroachment on the adjacent lots. I cannot sell the lots unless the POA writes the letter. How can I get them to comply? |
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#2 |
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Sorry for this mess. Unfortuantely, in my experience you are not going to get any relief here without retaining counsel. Sometimes a strongly-worded letter from a lawyer will do the trick. Othertimes, your lawyer may have to seek a court order to compel the POA to comply. I really think you need to speak with a lawyer, and you could get a referral from WLD by going to their main page. Hope things work out for you here. AJJ
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