In the state of michigan, I own a house with my father as joint tenants with full rights of survivorship and not as tenants in common. I have lived in this house for twenty years, from time of purchase, paid all bills, made all mortgage payments, paid all purchase costs. My father convinced me that joint tenants was the way to go due to legal climate, it would make it harder to lose the house in case of law suit. My father also put one or the other of his sons on all of his property as joint tenants. Now my father has broken off contact, I have not seen him for almost 5 years. He is very anti social, does not take visitors or mail. He has lost all of his real property due to forclosure and non payment of taxes. He will not see me, I actually do not know where he is now. He is very uncooperative in all matters. I purchased this house before I was married.
Now I am married and want to sell the house and relocate to a different school district. Is there any way I can get past the need to get my fathers signature on a Quit Claim deed? Can I give notice by publication, or sue for removal of his name. He can not be served, all local courts have tried and he loses by default judgement. My brother has a valid P.O.A. it states that "any copy of this executed instrument .... may be relied upon as the original" The original of this document has been destroyed when my father was evicted from his home. The local register of deeds will not register a transfer using a P.O.A. without the original. How can I go forward with selling this home and retrieving my equity to reinvest in a new home? Thanks in advance for any help finding an a way to proceed. | 
05-03-2001, 07:06 PM
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