Check with a title or escrow company as to what is required. They are low cost or free initially when you ask questions. A power of attorney will need to be signed at the US Embassy if they are signing outside of the US. Furthermore, if an attorney who gets a POA is also signing outside of the US, then the attorney will need to go to the US Embassy as well. Escrow may be able to prepare the SPOA and e-mail it to them for signing.

As always, consult an attorney for complicated issues. It's not clear what you're trying to do here. You want to drop the house and gain rights, seems like those two don't go together. You want to take over the mortgage then do a short sale, I think. If you can't afford the house you won't be able to take over the mortgage.

Question: If the borrowers are family and live out of the country, have they contacted the Mortgage Holder(s) and advised them that they are out of the country and no longer can afford the payment(s)? They do need to be involved since everything is in their name and it will be their credit report that will suffer the consequence. Their involvement is the first step in speaking with an attorney, the lender, a realtor so that it can be established that you are authorized to act on their behalf. You cannot take over the issue until the borrowers make the tough decisions and give you authority in writing to oversee their decisions. Have they contacted an attorney? the bank? a realtor?

Way more than power of attorney. If you are the legal resident, that is the question for a lawyer. Just because your name isnt on the mortgage doesnt mean you are not liable for property taxes. Lender could consider your family making a fraudalent loan application and that you are a party to fraud. Talk to lawyer to make a plan.

Power of Attorney is what you'll need, but we recommend a local attorney for final advice. Many have 30 minute free consultations so you can decide if you will need their services or proceed on alone. Good luck.

Again, your best avenue for this question is to consult an attorney. Good luck!

You need to consult with an attorney. If your family members agree to a short sale they could provide you with power of attorney to sell the property.

Again- You are asking leagal advbice, which we cannot give you. You need to consult with an attorney.

On a side note: Does renting out a property you are not longer making payments on, nor plan to, feel like the right thing to do? Seems as though it's taking advantage of the system here. Why should you benefit from monthly income on a property you are not even willing to pay your own monthly payments on.

I'm sorry if my question is a little confusing. I am not trying to take over the house but we are all trying to drop the house. It's not financially wise to keep it. But what I am wondering is that can I handle to house situation on their behalf because they are not in the country. Also is it illegal to rent out the house when I am not making payments on my mortgage?

Attorney Time. We can't give you legal advice.

Hi Babygurl132001,

Contact an Attorney. You may be able to do a Power Of Attorney or something similar.

Shanna Rogers
SR Realty http://www.RealtyBySR.com