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 ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jun 30th, 2009, 05:45 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default How to force POA to cooperate w/county recquirements

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?
  Reply With Quote
Old Jun 30th, 2009, 05:54 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: How to force POA to cooperate w/county recquirements

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
  Reply With Quote
Reply

Bookmark & Share

Tags
county requirements, poa, re-plats

This thread has 1 reply and has been viewed 153 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
POA mmi Miscellaneous Topics 2 Aug 23rd, 2009 09:21 PM
Alarm Bells for Allen? Stanford Financial’s No. 2 to Cooperate With the Feds WSJ_law_blog Law News 0 Mar 24th, 2009 10:30 AM
Russia and US Set to Cooperate on Arms Control ILJ_Digest International Law News 0 Mar 11th, 2009 11:30 AM
Should Lawyers Let Their Clients Cooperate With Political Investigations? WSJ_law_blog Law News 0 Sep 29th, 2008 04:20 PM
POA sjhenderson Miscellaneous Topics 0 Jul 21st, 2008 03:12 PM


International Law Issues?


All times are GMT -5. The time now is 06:35 PM.