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If You Need A Power Of Attorney POA

 

When listing a home, you need to find out all the people on title. And you need to find out if they will all be signing. And you need to make sure they will all be present for the closing.

If they are not available for signing or not attending closing, arrangements need to be made for a POA.

You need the original power of attorney for the title company at settlement.  I like to see the original and have a copy for my own file. I send it to the title attorney when we go under contract.

 

Here are a few circumstances why you might need a POA.

Is that person out of the country, in the hospital, in an assisted living facility or just given someone else the responsibility for signing and transferring property? Are there a dozen siblings selling a parent's home?  Appointing one person makes it easier...only one signature required...rather than all 12.

 

But what happens if the original document is not available? We have a problem.

What if that person who gave the Power Of Attorney is in a facility? If the original cannot be found...there needs to be a new one drawn up, taken to the seller,  signed by the seller, notarized, and in Maryland, witnessed by two people (at the same time) but not related to the seller. 

 Don't do any of this without seeking legal advice.

 

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If you are thinking of selling a home

call Margaret Rome

 

Margaret Rome

 

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Sell Your Home With Margaret Rome

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Author of Real Estate the Rome Way

mrome@HomeRome.com

410.530.2400

 

 
Comment balloon 8 commentsMargaret Rome Baltimore 410-530-2400 • December 06 2017 12:55AM

Comments

Good evening Margaret Rome, Baltimore Maryland,

I often have the need for a POA and I always ask up front to see if one is needed. Our title companies have a POA from their attornys they want to see so I have them fill it out and email to client. They get it notarized and email the title company and myself and always brings the original to the title company. In another week I have a closing with a POA..the wife has already started working in CA and the husband is set with the POA for closing. She does realize they'll be calling her to make sure she is alive and well and still giving her husband the POA. Easy peezy!

Posted by Dorie Dillard CRS GRI ABR, Serving Buyers & Sellers in NW Austin Real Estate (Coldwell Banker United Realtors® ~ 512.750.6899) over 2 years ago

If the buyer of a property is getting a loan in Georgia the POA generally must be "approved" by the buyers lender for the sale.  Had one reject one recently and had to have a very complicated process of having one signed at an embassy overseas for a closing to occur.

Posted by Tammy Lankford,, Broker GA Lake Sinclair/Eatonton/Milledgeville (Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668) over 2 years ago

Thank you for the advice. I hope other agents will read this post too and learn.

Posted by Gita Bantwal, REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel (RE/MAX Centre Realtors) over 2 years ago

Good morning, Margaret Rome, Baltimore Maryland when I was active in real estate, I had my Notary for decades....and it came in very handy for clients who needed documents to be notarized.... once I began marketing, I never renewed it...

Posted by Barbara Todaro, Marketing Agent for The Todaro Team (RE/MAX Executive Realty ) over 2 years ago

I have signed at closing as a POA for out of state or country investors but it would be for minor things never transfers.

Posted by Joe Pryor, REALTOR® - Oklahoma Investment Properties (The Virtual Real Estate Team) over 2 years ago

In Texas, there are different types of POAs. There is a specific one that is required for real estate transactions.

Posted by Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417, Real Service. Real Results. Real Estate (United Real Estate) over 2 years ago

Good information to share for sellers, Margaret.  I've been amazed that in the 36 years I've been a Realtor, I haven't had more sellers who needed to use a POA.  They all seemed to show up for signing.

Posted by Myrl Jeffcoat, Greater Sacramento Real Estate Agent (GreatWest Realty) over 2 years ago

Myrl Jeffcoat And I have probably seen this quite frequently. Maybe due to dealing with the older classic  client.

Posted by Margaret Rome Baltimore 410-530-2400, Sell Your Home With Margaret Rome ( HomeRome Realty 410-530-2400) over 2 years ago

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