
Thomas of Colorado Springs, CO on Sept. 13, 2007
My story is as follows:
I was working as security in Iraq for the last two years as support for the US Government. Because of the obvious danger of my location, I created a general power of attorney to give my wife the power to conduct our financial affairs in the event that something happened to me and I became incapacitated to do so myself. I kept the original notarized document in my foot-locker and forwarded an un-notarized photo-copy to my wife to provide her with the peace of mind that I had followed through on my promise to do so, letting her know where the original was in the event she needed to obtain it.
While I was in Iraq my wife bought a new vehicle, a Chrysler 300M from the Cherry Hill Triplex auto dealership. I didn't think much of it as she had been in a car accident and her vehicle needed to be replaced. A few days later she traded in the Chrysler she had purchased for a Mitsubishi Outlander at the same dealership, claiming the windows in the Chrysler were too small and she could not see out of them. Again, I did not think much of it.
Less than a week later, my wife told me she wanted a divorce.
In collecting information for the divorce paperwork I found out that the Mitsubishi, a $24,000 vehicle had been financed in only my name for $40,000. This was done without my consent or knowledge.
My wife had been making timely payments on the vehicle in the amount of $715 a month. She asked that I not take it from her with the agreement that she would continue to make timely payments and take full responsibility for the loan as part of our divorce settlement. At the time things were amicable between us and I conceded in the effort to maintain the amicable situation.
Things quickly changed. I received a call on my cell-phone on a Saturday from Wells Fargo which had financed the vehicle to complain that the payment was 10 days late. I phoned my wife and she promised to make that payment as well as the next one on Monday. She did not make the payments.
I received another call 5 days later from Wells Fargo and called my wife once again. I again, was on my way back to Iraq on business My wife decided that since the vehicle was over-financed that she longer wanted it and dropped it off at my sisters claiming she was no longer responsible. I had to make the next 3 payments out of my pocket since one was past due, one was due and I would be in Iraq and not able to deal with the situation for another 30 days. At this time, the loan was at $29,000 + and the vehicle was only worth $12,000 as a trade-in.
Once I was home, I called Wells Fargo asking them if it was standard practice to take an un-notarized photo-copy of a power of attorney since I was under the impression that banks required original documents or I would not have sent my wife the photo-copy. They claimed that the auto dealership was acting as their agent and was responsible for ensuring the legitamacy of the documents and that it was not standard practice to take un-notarized photo-copy.
I visited the Cherry Hill Triplex Mitsubishi Dealership, asking why they had allowed my wife to use a photocopy that was not notarized to basically commit credit fraud and if it was standard practice to finance a $24,000 vehicle for $40,000. The sales manager - Melvin said he didn't know the policy on accepting a power of attorney, but that they accepted photo-copies of them all the time. He also stated that they had financed the loss that my wife accepted on the trade in of the Chrysler 300M on the Mitsubishi which is why it was over-financed by such a large amount.
He told me he would have a higher level manager call me because the manager was not on the premises. The higher level manager called me within 15 minutes of my leaving the dealership and was flip about the situation, asking how I knew that they only had a photo-copy and not the original document. I informed him that I had the original in my posession in Iraq and that I still do have the only original. He told me it was my problem and that they had done nothing wrong and that the dealership accepted no responsibility.
A power of attorney by the nature of the document obligates the individual given the power with the fiduciary responsibility to act in the best interest of the individual granting the power and only for the behalf of the individual granting the power. My wife was not acting in my best interest or on my behalf. She was abusing the power for the purpose of her own gain and the Cherry Hill Triplex dealership was her cohort in committing credit fraud for their own profit which is obvious by the blatent over-financing of this vehicle and their lack of interest in the legitimacy of the documents she was presenting.
Again, my intent in telling my story is to hopefully get the Triplex to change its policy and only accept original documents in the effort to protect individuals from the misuse of these documents and to warn other individuals to monitor their credit reports and to be very careful of how they handle these documents. There are a lot of military guys out there creating these documents in an effort to protect their families, not being fully aware of they may be used against them. In my research on this situation, I have found much discussion about this abuse against the elderly. I am not elderly, however I do not feel any less a victim.