Revocation of Power of Attorney For more information or help, please fill in the form below.
This is working consistently with Chase now.

***Please send example successes from other Servicers or alleged "Lenders".
  
Here are actual Revocation and POA from Chase:  Chase Revocation of Power of Attorney Approved and Power of Attorney (for Homeowner) Approved.
See example letter sent from Homeowners.


(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.)

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                                                             See below: 
                              Sample Revocation of Power of Attorney Template 
                                                      Also see Frequently Asked Questions (F.A.Q.'s).


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 TrustAnother explaination of Deed of TrustSample 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.
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.
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                                        Sample Revocation of Power of Attorney
                             (Notice Upper Case/Lower Case of Names on Example)
                                 (Should be filed with an Criminal Affidavit if possible).


                                              (PLEASE LEAVE SPACE AT THE TOP FOR DEED STAMP)


                                                                                     Mail all correspondence to:
                                                                                     
Name of Homeowner
                                                                                     Street Address
                                                                                    
City, State, Zip Code

Date: _____________________

SERVED VIA U.S. CERTIFIED MAIL TO:

TO:
  Alleged Lender Legal Department    U.S. Certified Mail #: ________________________

         Street Address

         Routing and/or Suite Number

         City, State, Zip Code

                                        
                                              AFFIDAVIT OF NOTICE OF
                                 
REVOCATION OF POWER OF ATTORNEY
                              AND TERMINATION OF ATTORNEY IN FACT

 

Re: Deed to Secure Debt given by JANE M. DOE AND JOHN M. DOE [list exactly as shown on Deed to Secure Debt] to Name of Original Lender, dated __/__/____, and recorded on __/__/____ Deed Book: _______ Page ________, __________ County, Georgia records, as last assigned to Name of Current Assignee, by assignment.

MIN #: (as found on security deed if a MERS Loan)

FHA CASE #: (if applicable)

 

I (We), Jane M. Doe and John M. Doe, Affiant(s), 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:


I, (We), Jane M. Doe and John M. Doe, Affiant(s), do hereby revoke, terminate, and rescind all Powers of Attorney, In-Fact or otherwise, previously assigned by us, implied in law, by trust or otherwise, with or without our consent and/or knowledge, as such pertains to any property, real or personal, promissory note, security deed, and mortgage signed or otherwise, under Deed to Secure Debt given by JANE DOE AND JOHN DOE to Name of Original Lender, dated __/__/____, and recorded on __/__/____ Deed Book: _______ Page ________, __________ County, Georgia records, as last assigned to Name of Current Assignee, by assignment, and in particular the Waiver of Borrower's Rights recorded in Deed Book _____ Page _______________ County records, BECAUSE Per Code of Federal Regulations § 617.7010 Title 12 - Banks and Banking Title PART 617 - BORROWERS RIGHTS Subpart A - General Item (c), the borrower's written waiver must contain a statement that the borrower was represented by legal counsel in connection with execution of the waiver AND WE WERE NOT REPRESENTED BY LEGAL COUNSEL in connection with the execution of said waiver involving the property specifically addressed and identified as Property Street Address and known by legal description:


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 ...  [Insert entire legal description]

and pertaining to alleged account # _____________

FURTHERMORE, I (We) Jane Doe and John Doe certify that said termination shall take place immediately upon the execution and recording of this document, thereby removing Power of Sale contained in the Security Deed and hereby order Name of Current Assignee  as well as the law offices Name of Law firm to cease acting as Power of Attorney, In-Fact, or otherwise, as related to our property legally described herein, effectively immediately.  You do not represent me, and if you think you do, you are fired.

 

FURTHERMORE, I (We), Jane Doe and John Doe, do hereby appoint myself/ourselves, Jane Doe and John Doe, as Attorney(s)-in-Fact over the above real property.

 

I (We), Jane Doe and John Doe, 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

By: ___________________________
     Jane M. Doe, GRANTOR, Authorized Representative
     for HOMEOWNER

By: ___________________________
     John M. Doe, GRANTOR, Authorized Representative
     for HOMEOWNER

                                                          JURAT

 

State of ___________ ) 
                                    ) ss  For Verification Purposes Only

County of   xxxxxxxxxx )


SUBSCRIBED AND SWORN BEFORE ME on this ______th day of ______________, 20__ by Jane M. Doe and John M. Doe, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
         

 

_______________________________ Seal 

NOTARY PUBLIC                                    

My Commission Expires:  ____________________

 


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CERTIFICATE OF SERVICE

 

THIS IS TO CERTIFY that on this date the undersigned was served the foregoing AFFIDAVIT OF NOTICE OF REVOCATION OF POWER OF ATTORNEY AND TERMINATION OF ATTORNEY IN FACT by depositing a true and accurate copy of the same in an envelope with adequate postage affixed thereon, addressed as follows:

 

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 
                            

By:  Jane M. Doe signature                               

        Jane M. Doe printed
        123 Street Name
        City, State Zip


By:  John M. Doe signature

        John M. Doe printed



                                                     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 a Criminal Affidavit 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 Criminal Affidavit which challenges the validity of Assignments or other documents recorded in the land and deed records.)

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Thank you for contacting Operation Restoration. Please fill in the information below if you need clarification on material or guidance on strategy. We will contact you shortly. Notes: (1) While the information provided on the website is free to use (if it helps you in any way, please remember to donate), we are transitioning into a donation-based personalized assistance operation. As you know this arena is very specialized. This mission has spent extensive hours over the past 6 years to remain ahead of the curve. (2) Remember, your participation and team work are necessary as ongoing in-depth research is necessary to achieve leverage. Education empowers people to survive and succeed. We look forward to speaking with you. Sincerely, Anne Batte Executive Director