Agent Didn't Show Authority to Sign Termination Notice

April 30, 2010

LVT Number: #22631

New landlord sued to evict tenant after mortgage foreclosure. Tenant asked the court to dismiss the case, claiming that landlord’s 10-day notice to quit was defective. The notice was signed by Acqura Loan Services as landlord’s agent. The court ruled for tenant and dismissed the case. Landlord claimed that its agent was authorized to sign the termination notice under a power of attorney form. But the form granted the agent only a limited power of attorney to close title on the building.

New landlord sued to evict tenant after mortgage foreclosure. Tenant asked the court to dismiss the case, claiming that landlord’s 10-day notice to quit was defective. The notice was signed by Acqura Loan Services as landlord’s agent. The court ruled for tenant and dismissed the case. Landlord claimed that its agent was authorized to sign the termination notice under a power of attorney form. But the form granted the agent only a limited power of attorney to close title on the building. The power of attorney contained none of the standard form language authorizing the agent to act on landlord’s behalf in connection with “real estate transactions” or “claims and litigation.”

Petra Finance LLC v. Strachan: NYLJ, 4/29/10, p. 26, col. 1 (Civ. Ct. Kings; Ofshtein, J)

Topics

More like this