Austin, TX asked in Consumer Law, Estate Planning, Banking and White Collar Crime for Texas

Q: The SDPOA is a sad joke. By not specifically requiring signature on each page, it's being manipulated by fraudsters.

A criminal title company and mortgage lender allowed an unfaithful agent to have pages changed in the SDPOA *after* it was signed by the principal, turning a permission for limited and time constrained refinance into an open ended home equity loan permission (which is also in violation with federal law). This could have easily been prevented by requiring initials on every page like they typically do in smart jurisdictions. What can the fraud victim do in such a situation?

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Like many elder and estate planning lawyers, I not only customize the document and paginate in as page x of y but require initials, birthdate and date signed on every page. We cannot protect people who simply download and sign the statutory form. Consult an elder lawyer about a suit for fraud and forgery and revoke the DPOA.

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