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Old 18th June 2015, 08:35   #1 (permalink)
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Power of attorney

We had a buyer for our apartment in Altinkum - happened very near the end of our holiday - but on the last day the Estate Agent said the guy couldn't get the mortgage in time. But he said he would buy it. No time for any paperwork, etc. so took us to see Notary who explained what would be needed.

He sent the money to our Bank in the UK via a friend here and we had left the keys with a friend so the keys were handed over to him.

I just have a concern about the wording in the POA which says he would have power to deal fully with a Bank on our behalf and mentions mortgage.

I was thinking of just adding the words "This POA relates solely to the above apartment and does NOT permit Mr. K or his agent to obtain a mortgage, loan or any kind of credit in our name"

Can anyone advise whether this would be sufficient to safeguard us from any wrong doing?
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Old 18th June 2015, 08:43   #2 (permalink)
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Re: Power of attorney

If the deed is done regarding your sale, and you have your money, what else do you want to do?

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Old 18th June 2015, 11:08   #3 (permalink)
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Re: Power of attorney

I know we sound a bit wary but we have had really bad experience with our builder and lost a lot on the sale. Just heard our builder used a power of attorney to steal two further apartments.

We need to make the poa in the uk, get notarised and then sent to foc and back to turkey. Just want to be sure that the estate agent who we have only met twice thru friends can't do anything dodgy with the poa as we may be buying another apartment when we go back in august.
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Old 18th June 2015, 11:18   #4 (permalink)
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Re: Power of attorney

Sorry, I got the impression it was all over. You can be very specific with a PoA. You can limit the time frame, you can specify exactly what can be done (and what can not be done) and who can do it. For the wording you must take advice from the expert you will use to draw it up. Write down what you want it to do and explain to the expert what your fears are so they can severely limit your agentīs power. If he is only authorised to make one signature in the Deeds Office to give it over to the named recipient (not his cousin), then say so. You are right not to trust him (or anyone) so donīt be deflected from you common sense approach.

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Old 18th June 2015, 11:40   #5 (permalink)
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Re: Power of attorney

As Ian has said you can make the POA as specific as you want, never give POA which is generic it should always state exactly what you want limited to, be specific about the actual property (reference number on the Tapu) if you have more than one, any specific bank accounts etc..
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Old 18th June 2015, 11:55   #6 (permalink)
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Re: Power of attorney

So pleased you don' think I'm mad! The Notary in in Turkey drew up the POA but probably to Estate Agent's instructions. The Notary here said you don't normally give POA to anyone other than a Lawyer. But, we have taken his money and are bound to follow through with the legal side.He doesn't have our Turkish bank details so no problem there - we think! I'll email the Turkish Notary and let her know of my concerns.

Thanks so much for your advice.
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Old 18th June 2015, 12:07   #7 (permalink)
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Re: Power of attorney

Exceedingly unlikely that a Notary is "bent", whats more if the agent ect never had your specific bank details then there is no problem if you have had your money.

For a POA holder to have access to a bank account, those bank account details will be actually written in the POA ie Bank name & account number ect.
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Old 18th June 2015, 12:54   #8 (permalink)
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Re: Power of attorney

Thanks for that - as he does have our UK Bank details in to which the money was paid. Great relief! Hear so many horror stories and have had such a bad experience ourselves that we are really jittery.
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Old 18th June 2015, 12:59   #9 (permalink)
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Re: Power of attorney

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Originally Posted by LINDAT View Post
Thanks for that - as he does have our UK Bank details in to which the money was paid. Great relief! Hear so many horror stories and have had such a bad experience ourselves that we are really jittery.
A word with your UK bank will make that POA null & void (that's if those details are on the POA), nonetheless certainly worth a word with your bank.

Other than that change your name to Viv & spend, spend, spend :-)

I wish you well.
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Old 18th June 2015, 13:09   #10 (permalink)
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Re: Power of attorney

Quote:
Originally Posted by LINDAT View Post
We had a buyer for our apartment in Altinkum - happened very near the end of our holiday - but on the last day the Estate Agent said the guy couldn't get the mortgage in time. But he said he would buy it. No time for any paperwork, etc. so took us to see Notary who explained what would be needed.

He sent the money to our Bank in the UK via a friend here and we had left the keys with a friend so the keys were handed over to him.

I just have a concern about the wording in the POA which says he would have power to deal fully with a Bank on our behalf and mentions mortgage.

I was thinking of just adding the words "This POA relates solely to the above apartment and does NOT permit Mr. K or his agent to obtain a mortgage, loan or any kind of credit in our name"

Can anyone advise whether this would be sufficient to safeguard us from any wrong doing?
The easiest & safest way to prevent any possible fraudulent use of your POA is to 'Revoke' it, which instantly makes it null & void.

As others have said a POA is a powerful tool to give to anybody (even, imo to a lawyer!). The wording should be very specific to the transaction required with all details recorded, it should also be time limiting ie: when the transaction is completed it automatically becomes null & void.

You're right to have concerns, I have heard of POA's being used to take out mortgages on other properties, open bank accounts etc.

Good luck.

PS: Just re-read & seen that you haven't actually given them POA yet. As you have received your money the only powers they would need would be to transfer Tapu & Utilities (maybe) into the buyers name, nothing else,
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