Long story short, my BF lives in the United States, but I do not. He was incarcerated, but gave me power of attorney to try and sell his vehicles. The problem is his vehicles are under financing and a lean loan. Should I inform these companies that he is incarcerated? Or just tell them I have POA and need to know how to sell them? My fear is they will try to reposess them because no payments have or can be made on them. Any advice is greatly appreciated.
By FeelingHelpless
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Unfortunately to sell 'Secured' property as you describe, it must be paid off prior to selling it...usually. I would recommend contacting the lean holders to work out a deal of some kind. Also the POA may be invalid if your boyfriend executed it while incarcerated as he has lost his Citizen rights, including entering into contracts, which a POA is. On the bright side, the lean holders do NOT want the property back. It's a money losing pain in the butt deal for them so if you contact them & are honest about the situation, they may allow you to sell the vehicles to satisfy the loans, at least. Hope this helps. Best Wishes.
What exactly are citizen rights? I know inmates lose the right to vote but as far as entering into contracts I'm unsure about. What about when inmates get married to someone on the outside, is that not a form of entering into a contract also?
You state your BF is incarcerated?
Incarcerated in the US? but you are not in the US?
Did he give you the POA before he was incarcerated?
Was it properly notarized?
Do you have titles to the vehicles or does the loan company still have these? You cannot legally sell a vehicle without a legal title unless the buyer is taking over the loan - and that requires permission from the loan company.
Are the vehicles in the US?
How did you plan to try to sell them?
I believe you will have a lot of trouble trying to sell anything under these circumstances.
You would probably be better off to contact the loan companies and explain everything (including where the vehicles are located) and see if they can do anything for you. Most likely not - this would still be the right thing to do as there are probably several payments due right now - right?
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