LandInvestors.com Forums **Ask A Question** How to Write Deed Signature with Power of Attorney

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  • #16798
    Stuart Mullins
    Participant
    Post count: 15

    I am buying a property where husband and wife are grantor, but the husband is somehow incapacitated. The wife has a comprehensive Durable Power of Attorney which includes specific articles giving her the right to conduct various real estate transactions.

    When writing the deed, I will include both names, and she will sign once as herself and again over his name with words like “by wife as Agent under Durable Power of Attorney”?

    Do I need to type anything special on the deed or will she just sign it that way? Is there anything else I need to watch out for here?

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  • Joe McLain
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    Post count: 41

    I would ask her for the copy of her Power of Attorney and file that with the deed. I’m sure your buyers will want to see that as well.

    Joe

    Matt
    Participant
    Post count: 166
    Pro

    Hey Stuart did you ever sort out the correct way to do this one?

    Stuart Mullins
    Participant
    Post count: 15
    Pro

    Yes, it was pretty much as I explained. I printed the deed with “husbands name” and then below “wife as Power I’d Attorney”.

    Then the wife signs his name as “husband by wife his attorney in fact” inher normal signature. Then she signs again under her name.

    I also filed the entire 25 page POA with the deeds. I did two properties in two counties this way. One county scanned and recorded a copy of the POA. The other required an original signature. Otherwise, I didn’t have any issues. Hopefully, some title company won’t have issue with it in the future, but the notary who helped with it said she had done a few this way.

    Matt
    Participant
    Post count: 166
    Pro

    Gotcha, thanks Stuart!

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