How to sell property with power of attorney
Selling Real Estate with a Power of Attorney
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sell a piece of real estate using the
power of attorney
what needs to happen is first you need
to record the original power of attorney
at the registry of deeds and that'll
cost 105 dollars to do that
next you need to record an affidavit
signed by the attorney in fact stating
that the power of attorney
has not been revoked then when
executing the deed you need to to
follow a very strict format and you need
to put the principal's name
in the grantor clause not the attorney
and fax name which is a common mistake
you then need to sign the attorney in
fact needs to sign
the principal's name not his own name or
her own name as the attorney in fact
so for an overall uh explanation of
the recording of the original document
and the affidavit
there is what's called reba title
standard
and it's number 34 the real estate bar
association
title standard number 34. you should go
to that
and read it as well as the statutes that
it cites to
and for the format of the deed
itself you should see land court
guideline
number 15 which tells you exactly
how to draft and execute a deed
a lot of lawyers don't do it right and
it can result
in a bad transfer a defective transfer
and you have a big
title problem on your hands and i've
resolved these in the past and it's a
tremendous amount
of legal work to fix such a problem
so you need to know that there's a lot
of guidelines and they've they're
followed strictly for
for making these transfers and
you can't just say oh this is a simple
solution for
you know maybe one of the the homeowners
is on the other side of the country or
whatever
you should still get them to sign the
deed if at all possible
the only instances where it's um
or it's necessary for a homeowner to
sign under
uh or have a power of attorney
used for such a deed is usually when the
person lacks the mental capacity
to sign the deed on his or her own okay
so if you have questions about this
please contact me send me a message or
send me an email
and i'd be happy to to work with you