Tuesday, December 23, 2008

using a power of attorney to convey

If you intend to sell real estate using a Power of Attorney, here are a few tips:

  1. Provide a legble copy to the buyer's title agent or attorney for review prior to closing.
  2. Be prepared to give the ORIGINAL power of attorney up at closing so it can be recorded prior to the deed.  If you wish, you may record the document yourself, however, you must do so well in advance of the closing so that the recordation can be verified.
  3. Make certain that the document is acknowledged in front of a notary, that it specifically gives the power to convey real estate and that it meets the statutes of the state in which it was created.  It pays to have the document prepared by a competent attorney.

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