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Revocation of Power of Attorney
(See Sample Revocation of Power of Attorney and Notice of Non-Existence of Power of Attorney below). Also see Frequently Asked Questions (F.A.Q.'s) below.
This is part of the Self-Help portion of Foreclosure Defense. See Foreclosure Defense for more tools and tips you can do in preparation for legal action.
For more information or help, please fill in the form below.
In order to protect its interests, at closing, the Alleged "Lender", depending on the state in which the real estate is located, will require the borrower to execute a mortgage, security deed, deed of trust, or deed to secure debt.
A Security Deed, used in Georgia, transfers legal title to the "alleged" Lender for the term of the promissory note. Other states, like California, use a Deed of Trust. Another explaination of Deed of Trust. Sample Deed of Trust.
With the execution of a Mortgage (in New York, for instance), legal title to the property remains with the borrower, while the lender has an interest in the real estate to the extent of the amount of the note.
Granting a Power of Attorney at closing. In Georgia, for instance, upon signing a Security Deed, the Borrower gives a power of attorney to the grantee ("alleged" lender) or its assigns (subsequent entities who become "alleged owners" of the debt) AUTHORIZING the public foreclosure and conveyance (sale) of property, after default, to satisfy the indebtedness.
See page 15 of the Security Deed (look for similar wording in security instruments, like the Deed of Trust: Borrower appoints Lender the agent and attorney-in-fact for Borrower to exercise the power of sale.
Power of sale is mentioned on page 3:
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby grant and convey to Lender and Lender’s successors and assigns, with power of sale, the following described property located in the...
and in paragraph #22, pages 14-15:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale granted by Borrower and any other remedies permitted by Applicable Law. Borrower appoints Lender the agent and attorney-in-fact for Borrower to exercise the power of sale. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys’ fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give a copy of a notice of sale by public advertisement for the time and in the manner prescribed by Applicable Law. Lender, without further demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Lender determines. Lender or its designee may purchase the Property at any sale.
Lender shall convey to the purchaser indefeasible title to the Property, and Borrower hereby appoints Lender Borrower's agent and attorney-in-fact to make such conveyance. The recitals in the Lender’s deed shall be prima facie evidence of the truth of the statements made therein. Borrower covenants and agrees that Lender shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The power and agency granted are coupled with an interest, are irrevocable by death or otherwise and are cumulative to the remedies for collection of debt as provided by Applicable Law.
If the Property is sold pursuant to this Section 22, Borrower, or any person holding possession of the Property through Borrower, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not surrendered, Borrower or such person shall be a tenant holding over and may be dispossessed in accordance with Applicable Law.
The Security Deed provides the "alleged" Lender an opportunity to foreclose without taking a homeowner to court. Also see Deed of Trust.
On the other hand, the Mortgage (mentioned above) requires that the alleged lender use a judicial foreclosure process to convert its interest in the real estate into legal title.
See Judicial/Non-Judicial and Know Your Laws).
If the Deed authorizes public foreclosure and contains provisions for a power of sale in event of default, the Grantor (homeowner) is vulnerable to today's fraudulent practices in the foreclosure arena. (Note: If there is no Power of Sale provision, the alleged lender (or assignee) must use a juducial foreclosure process).
Is a Power of Attorney granted by the Security Deed (or Deed to Secure Debt) revocable upon discovery of wrongful activity/fraud?
See Frequently Asked Questions (F.A.Q.'s) below.
Instructions:
See Affidavit of Notice of Revocation of Power of Attorney and Notice of Non-Existence of Power of Attorney and Invalid Transfer.
Make enough copies of documents for your files, and all other parties. Get ALL documents file stamped at the courthouse land and deed records or Recorder of Deeds (depending on your state). File Revocation and/or Notice (see below) in the Land and Deed records at the county courthouse or Recorder of Deeds and send "file-stamped" documents to all parties.
Sample Revocation of Power of Attorney
(Should be filed with an Affidavit of Forgery)
(PLEASE LEAVE SPACE AT THE TOP FOR DEED STAMP)
Mail all correspondence to: Date: _____________________
Name of Homeowner
Street Address
City, State, Zip Code
TO: Alleged Lender Legal Department
Street Address
Routing and/or Suite Number
City, State, Zip Code
Re: Security Deed: Deed Book: _______ Pages ________, Date Recorded: ______________
Original Loan #: ___________________ Assignee Loan#: ______________________
MIN #: (as found on security deed if a MERS Loan)
FHA CASE #: (if applicable)
AFFIDAVIT OF NOTICE OF
REVOCATION OF POWER OF ATTORNEY
I, Homeowner Name(s), Affiant(s), a Living Being(s), pursuant to United States Constitution 5th & 14th Amendments, O.C.G.A. § 10-6-141 and O.C.G.A. § 44-14-184, do HEREBY DECLARE:
That, due to discovery of various elements of fraud, fraudulent inducement, misrepresentation of a material fact, and intentional nondisclosure resulting in the deprivation of my property by Purported Name of Lender or Secured Creditor or Mortgage Servicer, its principles, agents, successors, and/or assignees, and following an investigation into their various violations of Federal law and State laws (O.C.G.A § 23-2-52) of the purported Loan, Trust Agreement, and Security Deed records, I, Homeowner Name(s), Affiant(s), do hereby refuse to knowingly accept, or otherwise participate in ANY part of fraud and other illegal actions involving the purported Promissory Note/Security Deed/ Trust Instrument; and, further I do hereby revoke, rescind, and terminate all my signatures relating to any and all said deeds, notes, and agreements from their inception.
I, Homeowner Name(s), Affiant(s), do hereby revoke, terminate, and rescind all Powers of Attorney, In-Fact or otherwise, previously assigned by me, implied in law, by trust or otherwise, with or without my consent and/or knowledge, as such pertains to any property, real or personal, promissory note, security deed and mortgage signed on the date of Date or otherwise, under Security Deed, recorded on Date in Deed Book ________, Page _________, Name of County, Georgia Records and in particular the Waiver of Borrower’s Rights recorded on Date in Deed Book: ________ Page: _________, Name of County, Georgia records, involving the property specifically addressed and identified as _____Property Street Address__________________ with a legal description as follows:
insert complete property description from security deed or deed to secure debt here …..
All that tract or parcel of land lying and being in Land Lot xxx of the xxx District of xxxxxx County, Georgia, being Lot xx, filed for record at Plat Book xx, Page xx ...
Furthermore I, Homeowner Name (s), do hereby appoint myself, Homeowner Name(s), as
Attorney(s)-in-Fact over the above real property.
I, Homeowner Name(s), Affiant(s), by appellation, being first duly sworn, do hereby declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
All Rights Reserved Without Prejudice
_______________________
Home Owner Name, Affiant
Street Address
City, State, Zip Code
Phone Number
(If two people listed, place another signature line)
JURAT
State of ___________
County of xxxxxxxxxx
Subscribed and sworn to (or affirmed) before me on this ___ day of _____________, 2012,
by _________________________________, proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
SEAL: _______________________________ ________________
NOTARY PUBLIC DATE
My Commission Expires: ____________________
[Start new page]
CERTIFICATE OF SERVICE
This is to certify that I, Homeowner Name(s), have this day served on the following party of record the foregoing AFFIDAVIT OF REVOCATION OF POWER OF ATTORNEY, and a copy of same to the parties listed below, by depositing in the United States Mail in a properly addressed envelope with sufficient postage thereon to insure delivery:
Alleged Lender Legal Department Certified Mail Receipt No: 1010 0550 0001 0004 0444
Street Address
Routing and/or Suite#
City, State, Zip Code
Attorney for Alleged Lender Certified Mail Receipt No: 1008 5510 0001 6177 0444
Street Address
City, State, Zip Code
(Note: Include any entity whom you think may be a party.) Send Certified Mail to ensure receipt and track via www.USPS.com.
This ____ day of Month, Year All Rights Reserved Without Prejudice
Unofficial Witness Signature________ Homeowner Signature
Unofficial Witness Typed or Printed Homeowner Name , Affiant
Type or Print Unofficial Witness Name
Sample Notice of Non-Existence of Power of Attorney
(PLEASE LEAVE SPACE AT THE TOP FOR DEED STAMP)
Mail all correspondence to: Date: _____________________
Name of Homeowner(s)
Street Address
City, State, Zip Code
TO: Alleged Lender Legal Department
Street Address
Routing and/or Suite Number
City, State, Zip Code
Re: Security Deed: Deed Book: _______ Pages ________, Date Recorded: ______________
Original Loan #: ___________________ Assignee Loan#: ______________________
MIN #: (as found on security deed if a MERS Loan)
FHA CASE #: (if applicable)
NOTICE OF NON-EXISTENCE OF POWER OF ATTORNEY
AND INVALID TRANSFER
I, Homeowner Name(s), Affiant(s), a Living Being(s), pursuant to United States Constitution 5th & 14th Amendments, O.C.G.A. § 10-6-141 and O.C.G.A. § 44-14-184, do HEREBY DECLARE:
That, due to the discovery of various elements of fraud, and nondisclosure resulting in the deprivation of our property by Purported Name of Lender or Secured Creditor or Mortgage Servicer and/or by any of its agents and/or assignees, and, after a recent review/audit and a close perusal of the purported Loan, Trust Agreement, and Security Deed (or Deed to Secure Debt) records, I do hereby refuse to knowingly accept, or otherwise participate in ANY part of fraud and other wrongful actions involving the purported Promissory Note/Security Deed (or Deed to Secure Debt)/Trust Instrument and declare that no party at this time has the authority or right to claim to own or hold title to my promissory note and security deed (or deed to secure debt). There is a blatant defect in the chain of title on the below referenced property.
The following Deeds found in the real estate records are in question and to the best of my belief fraudulent:
1. (Set out the specific assignment from whom, list deed book and page, and signors, witness, and notaries).
2. Same
3. Same
Furthermore, I, _______________________, do hereby state that there is no Power of Attorney, in-fact or otherwise, implied in law, by trust or otherwise, with or without my consent and/or knowledge between myself and FORECLOSING PARTY. FORECLOSING PARTY is not the secured creditor as referenced in O.C.G.A. 44-14-162 and has no right to perform a non-judicial foreclosure against the property specifically addressed and identified as Property Street Address with a legal description as described in the deed book as:
insert complete property description from security deed or deed to secure debt here …..
All that tract or parcel of land lying and being in Land Lot xxx of the xxx District of xxxxxx County, Georgia, being Lot xx, filed for record at Plat Book xx, Page xx ...
I, Homeowner Name (s) do hereby appoint myself, Homeowner Name (s) as Attorney(s)-in-Fact over the above real property and declare that any effort to foreclose on this property is in dispute and will need to be tried in a court of law.
All Rights Reserved Without Prejudice
__________________________
Homeowner Name, Affiant
Street Address
City, State, Zip Code
Phone Number
(If two people listed, place another signature line)
JURAT
State of __________
County of xxxxxxxxxx
Subscribed and sworn to (or affirmed) before me on this ___ day of _____________, 2012,
by _________________________________, proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
SEAL: _______________________________ ________________
NOTARY PUBLIC DATE
My Commission Expires: ____________________
[Start new page]
CERTIFICATE OF SERVICE
This is to certify that I, Homeowner Name(s), have this day served on the following party of record the foregoing REVOCATION OF POWER OF ATTORNEY, and a copy of same to the parties listed below, by depositing in the United States Mail in a properly addressed envelope with sufficient postage thereon to insure delivery:
Alleged Lender Legal Department Certified Mail Receipt No: 1010 0550 0001 0004 0444
Street Address
Routing and/or Suite#
City, State, Zip Code
Attorney for Alleged Lender Certified Mail Receipt No: 1008 5510 0001 6177 0444
Street Address
City, State, Zip Code
(Note: Include any entity whom you think may be a party.) Send Certified Mail to ensure receipt and track via www.USPS.com.
This ____ day of Month, Year All Rights Reserved Without Prejudice
Unofficial Witness Signature________ Homeowner Signature
Unofficial Witness Typed or Printed Homeowner Name , Affiant
Type or Print Unofficial Witness Name
Frequently Asked Questions
Is a Power of Attorney granted by the Security Deed (or Deed to Secure Debt) revocable upon discovery of wrongful activity/fraud?
The point of the Revocation of Power of Attorney is to engage the adversary in a judicial action that would lead to foreclosure. In other words, by revoking the power of attorney granted by the borrower (upon the signing of the Security Deed, or Deed to Secure Debt), the alleged Lender should have to follow a judicial procedure to foreclose. See Judicial/Non-Judicial and Know Your Laws.
Recommendation: File an Affidavit of Forgery with the Revocation of Power of Attorney and any other documents being filed in defense of foreclosure. Powerful tool.
See Real Estate Transactions authored by R. Ernest Harben Jr., Henry S. Rogers and William R. Wickham.
• Under "Recording" sub-heading you will find the statement:
"A power of attorney should not be relied on when the sale or conveyance is to the attorney in fact."
• Under the "Foreclosure" sub-heading you will find the statement:
"Deeds to secure debt without a proper power of sale must be foreclosed by judicial foreclosures. Mortgages also must be foreclosed by a judicial foreclosure."
AND
"The foreclosure under power of sale if properly done will extinguish all rights of the debtor." (Thus the reason for the Affidavit of Forgery which challenges the validity of Assignments or other documents recorded in the land and deed records.)
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