Escrowing Deed in L/O-Power of Attny Question - Posted by Paul

Posted by Maurice on December 08, 2004 at 18:46:40:

Yes, Dave you can indeed sign the deed, by signing your name and then placing the words “Attorney in fact”, after your name. But SHOULD you do this?

I would not do it. I would not sign the deed for an owner transering his property to me. I think the safer, smarter, more conflict-proof, and prudent thing to do would be to have the actual owner sign the deed transfering the property to you. That way he will not argue that you forged the POA, or that he never gave it to you, or that he revoked the POA subsequently, and so on.

Escrowing Deed in L/O-Power of Attny Question - Posted by Paul

Posted by Paul on December 04, 2004 at 16:28:02:

When you have deed escrowed in L/O deal, do the sellers actually sign it then… or can you sign it for them later since you have a power of attorney regarding the property?
Thanks,
Paul

Re: Escrowing Deed in L/O-Power of Attny Question - Posted by Dave NY

Posted by Dave NY on December 04, 2004 at 18:26:27:

If you escrow the deed without being signed & notarized by seller, then whats the point. The reason you escrow the deed is in case some unfortunate accident impeded sellers from signing deed over to you when the agreed upon date comes.

You are much secure by escrowing a signed deed. This way you have a guarantee that the deed is available no matter what happens.

Dave NY

Re: Escrowing Deed in L/O-Power of Attny Question - Posted by Paul

Posted by Paul on December 04, 2004 at 21:06:59:

OK, thanks Dave for your reply. Part two was…
can you sign the deed , since you have power of atty?

Re: Escrowing Deed in L/O-Power of Attny Question - Posted by Maurice

Posted by Maurice on December 06, 2004 at 24:33:19:

You probabbly could sign the deed if the POA grants you that authority.

But I would not do it. I would not sign the deed for an owner transering his property to me.

I think the safer, smarter, more conflict-proof, and prudent thing to do would be to have the actual owner sign the deed transfering the property to you. That way he will not argue that you forged the POA, or that he never gave it to you, or that he revoked the POA subsequently, and so on.

Re: Escrowing Deed in L/O-Power of Attny Question - Posted by Dave NY

Posted by Dave NY on December 08, 2004 at 12:28:12:

You can indeed sign the deed!. Afteryou sign your name, you must aplce these words after: “Attorney in fact”

Dave NY