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Recording a Deed with Signer a POA of those listed on deed 2018-05-24T10:11:45+00:00

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  • Luke Harris
    Participant
    Post count: 144

    Is anyone aware of how to record a deed using a POA of the person listed on the deed? I tried it once and the county rejected my deed, and I had to get the guy to resign, now I have several sellers wanting to sell that have POAs.

    Kevin Farrell
    Moderator
    Post count: 626

    Luke – I have successfully used a POA to sign the deed in place of the actual owner. I had to include a certified copy of the POA document. The hardest part was getting that document with the official seal on it. Most people carry around a photocopy which is recognized by banks and hospitals but not by County Clerks (apparantly).

    You definitely should be able to do this with the right docs.

    Matt
    Participant
    Post count: 128

    @rotortech Kevin, when you create the new deed I assume that you copy the grantee field from the vesting deed verbatim and use that as the grantor field in the new deed. (Please correct me if that’s wrong). Then for the signature block do you write the person’s name who has POA? I assume that you would copy their name verbatim from the POA document? Do they receive a title in the signature block?
    Also, do you receive any pushback from the seller about giving you the official POA document? I figure I could request that the county mail it back to the seller after recording but I imagine they might not be hesitant about potentially losing that document?
    Lot’s of questions, I know! I’m just trying to make sure I am prepared because I’m sure this will arise for me.

    Kevin Farrell
    Moderator
    Post count: 626

    Matt – Yes, copy the Grantee information from vesting deed to grantor information on purch deed.
    Example John Smith (GRANTEE) = John Smith (GRANTOR)

    Under the signature line “Joe Blow, Power of Attorney in Fact for John Smith“. Have Joe Blow sign on the line.

    Read the POA document. It must specify that the POA has the right to buy and sell property.

    The seller must provide the original document or a certified copy. These are not usually filed with the county and the only place to get a copy is from the originating Attorney’s office. Much better if the client requests that copy from his/her attorney. In summary, if the seller can’t provide the POA document I would not do the deal.

    I send the original POA with this note to the Clerk:

    To the Socorro County Clerk,
    Please record the enclosed Power Of Attorney document for John Smith, owner of record for APN Z40-75A-0017, reference Instrument Number Book 292 Page 568.
    When finished please return the original document in the envelope provided.
    Thank you very much.

    The signed and notarized deed is in the same package and is recorded right after the POA.

    If you really have a bunch of these go ahead and do them. Make a good checklist and get your process written down so you don’t miss anything. Every county and every Clerk is different, so you may get by with using photocopied POA docs. However, you should have no problems if you always insist on an original.

    Best of luck to you.

    Kevin Farrell
    Moderator
    Post count: 626

    Matt – I forgot, but yes, you or the county must return the original by mail to the seller. As you suspect, they may be reluctant to do this with their only original. Leave it up to the seller to decide if it is worth the risk or if they want to order another certified copy for this use.

    Matt
    Participant
    Post count: 128

    Kevin,

    Excellent explanation, thanks for sharing this!

    Sincerely,

    Matt

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