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Here is the story. me and my wife have been looking to buy a house for half a year now. since then we ve won about 2 houses and ended up losing them due to 1-2 point bad credit so on the 3rd house we decided to ask my dad to co-sign with us. everything was perfect, they accepted our offer, underwriting went through perfect appraisal is perfect, we are on the VERY last step and 3 days away from closing; which is signing for the house. so the co-signer is my dad and my wife and i are signing, we as a couple are providing the whole down payment and can pay off the house no problem. the ONLY problem is; is that my non english crazy mom doesnt want to sign the papers because due to most likely mental illness. she refuses to sign the papers because she doesnt want me to move out and believes my dad is evil (idk shes asian) so my question is, ive heard power of attorney (state of WA) and getting it notarized would make it so my dad can sign for my mom? but what if my mom doesnt sign the POA form?? are my and my wife screwed..?? this is extremely stressful any help would be appreciated. (title person said he needs to witness or have a POA, im wondering if there are any other options since time is limited. THANKS!!!!
I'm with your mom on this one. No way I'd cosign a mortgage that I was not going to be a co-owner of the property on. Your mom's not the crazy one -- you may be and possibly your father is for agreeing to this. FWIW, most lenders won't allow a traditional cosigner on a mortgage loan. They will insist that anyone whose credit and income is relied upon to qualify for the mortgage loan also be listed as an owner on the deed. Since Americus is a community property state if either of your parents are on the loan and deed, BOTH of them MUST be on the loan and the deed. There is no way around this. As far as a P of A is concerned, most real estate closing agents (attorney or title company) won't accept a general Power of Attorney for a real estate closing except for a P of A given from one spouse to the other. Even then they may require direct verification from the grantor before the deal will close. They *might* accept a limited P of A limited to the purchase of the property in question, however if she's willing to sign that she should be just as willing to be present at closing and sign herself. (And if she is "crazy" as you claim, any P of A that she grants is null and void as a matter of law.)
Your mother can certainly give your father a Power of Attorney which will allow him to sign on her behalf at the closing. However, there is a catch 22. A Power of Attorney is only valid if the person is 'of sound mind'. If your mother is crazy, she cannot give your father a POA, too late. Not only would Mum need to be 'of sound mind' but they may call her up from the closing to check that she is still alive and in agreement. Actually it sounds as if she is the only sane one in the family. Cosigning your mortgage debt makes your father 100% responsible if you fail to pay. Your parents could lose everything they own. Why should they take this risk when you have been irresponsible with money? Work on your credit, it only takes a year of running your affairs properly for your credit rating to reach the required standard.
Smart move for crazy mom. If you can't afford a house without cosigner - - Skip it Simple. If you don't understand why even more reason to keep Renting. BAD credit means you seriously uninformed uneducated clueless about Reality of house ownership. Keep renting. Both of u get 2nd jobs . Live in small safe inexpensive apartment. Keep saving lots of money. In yr or two, with large down payment ur credit slavery score will have"healed'". U hopefully have paid off bad debts. U THEN can qualify and afford to own a house. B thankful for crazy mom. U will NOT need to get life insurance policy on u spouse dad. U will NOT need legal papers for how to Dissolve the business.
Any person signing the mortgage loan docs with your are not co-signers, there is no such animal in the mortgage industry. Anyone signing the loan docs with you are considered a co-borrower. You would need to look at your mortgage loan application. Even though you have indicated you are able to pay the monthly mortgage payment each month, things happen. You could be laid off from your job, become ill and is unable to work. In either event, the co-borrower would be legally required to pay the monthly mortgage payment. You are putting any co-borrower in financial danger as well as their credit. If you fail to pay the monthly mortgage each month, the co-borrower would have a negative on their credit report. In needing a co-borrower, indicate you are not qualified to be approved for a mortgage loan, for some reason. Normally this reason is for bad credit, or insufficient financial income. Apparently you reside in a community property state.in in community property state both spouses are required to be on the mortgage loan application and would be listed on title the deed. In this situation your mother apparently is not on the mortgage loan application, she must sign a quit claim deed indicating she no legally in the house. Apparently she is refusing to sign the quit claim deed or it was not properly explained to your mother, or she just don't want to be involved. I would be reluctant to sign and be a co-borrower with anyone to include my children. By not signing these documents do not make your mother crazy. She is apprehensive, about a financial arrangement, she does not understand. I hope this has been of some benefit to you, good luck. "FIGHT ON"
Your mother may be crazy in your opinion, but she is correct in not wanting to sign the papers for a mortgage for you regardless what you think are her reasons. She and your father are putting their financial future on the line for you. The bottom line is that you probably aren't closing in 3 days since your mother is refusing to sign the paperwork. She cannot be forced to sign something that she is against. Furthermore, she would have to be declared incompetent in order for someone to get a POA over her.
If Wash in a community property state your mother's signature needs to present as a couple cosigners and a POA would not suffice because your mother has not been declared incompetent by a court chill a bit and save more to have a bigger down payment so you don't have to qualify for a greater loan and need a co signer to assist you
If you really think your mother is has mental problems, then she cannot sign any legal form and be held accountable. If there are problems down the line and they find your statement, it's pretty much like you are attempting to defraud the loan company. If you can't afford a place or have bad credit, clean it up before you attempt to get a big loan.
So as a lot of others have mentioned your parents would be at risk if you have them cosign. If anything were to happen financially to you in a negative way, that will place them with bad credit, that they will have to deal with. Not a great situation for people that ideally should be planning for their retirement. Not saving your butt because you and your wife are not able handle your finances. Otherwise, you wouldn't be in this situation to begin with. To be frank, I would advise not to place pressure on your parents to co sign as they are putting themselves at risk with you both. Think about them and what would benefit them as a couple. Not about just you. I am assuming you and your wife are both full grown adults and should be independent now. I am sorry you got bad credit, but must face the consequences of your choices in life & learn to work out of it first before placing your parents at financial risk. If you are in such pressure and hurry to do this, then there is a red flag for you...you are pushing the limits financially. If you cannot learn to work out of this to begin with on your own as an adult with your own lives, you will again make the same mistakes even with a co signer. As some have said, if you can, rent a bit and build your credit back again. Buy when you are both truly ready to financially. Time to be responsible adults and work through your consequences. It appears your insight of the reality of the situation is not clear. This is the reality of life. Stop forcing your mom to make decisions against her will regardless of her mental state of being. That is so unethical, pressuring her to assume your finances, when you are the one who made the mistakes you need to work through. I would have worst words for that. Sorry kid.
I think the crazy does not fall far from the tree. You can't "make" someone co sign if they don't want to. Maybe you and/or your wife can get second jobs and make your own money, instead of mooching off of your parents.
Your mother is not crazy, YOU are. No sane person will legally obligate themselves to make the payments on a house for someone who cannot get a mortgage on their own. Because if you don't pay, she will have to. If your father cons your mother into giving him Power of Attorney for her and then uses that power to do something all of you know she is against, that is fraud on his part. If you can't get a house on your own, then you can't get a house until you can do it on your own. Don't screw your mother over.