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celloshred

2864 Posts

Posted - 07/09/2009 :  2:55:09 PM
Anyone have a blank P of A form for RE transactions? My clients wife will be out of the country and we're closing next week. Its an all-cash offer so there isnt a loan (no notary) but she will have some signatures on the RE side of things.

Thank you
findingfunding

228 Posts

Posted - 07/09/2009 :  8:03:40 PM
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ML

4976 Posts

Posted - 07/09/2009 :  8:35:50 PM
It's ill-advised for a purchaser to use a POA as a grantee. A grantor (seller) can simply execute a deed in advance and have an attorney act as a stand-in, with current, valid POA. But for purchases, the best, air tight method, is to have the grantee take title, then re-convey to himself and wife at a later date!

We started this practice in NY about 15 years ago after a wife took title with husband using POA. The husband (who was an attorney and friend of mine) was killed in a plane crash. His death invalidated the POA, and a legal mess ensued.

(IF you want a down and dirty, simple, uncomplicated, closing, get a CURRENT CA POA. However, they are also often subject to challenge due to allegations of lack of authority.)


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