Power of Attorney/required to file with ROD?

[amyoamy]

What is the name of your state (only U.S. law)? Wisconsin

The question: In Wisconsin, if I have a power of attorney to act on my spouse's behalf for selling the house (single-purpose), and said PoA is duly notarized and witnessed, is it also necessary to have the PoA recorded for the PoA to be recognized? If needed, this would be "at the land registry office in the jurisdiction where the real property (land) is located."

 

[nextwife]

What is the name of your state (only U.S. law)? Wisconsin

The question: In Wisconsin, if I have a power of attorney to act on my spouse's behalf for selling the house (single-purpose), and said PoA is duly notarized and witnessed, is it also necessary to have the PoA recorded for the PoA to be recognized? If needed, this would be "at the land registry office in the jurisdiction where the real property (land) is located."

Many title companies will, if they are going to insure the transfer, REQUIRE that a party who conveys using a POA record that POA so that 5, 10, 20 years later, there is a paper trail in "the record" that clearly shows the validity of a transfer in which both owners did NOT themselves deed out their interests.

Make sense? The record should have a clear chain of transfers, else an interest appears to be hanging out there. They call it chain of title, and title companies want all the links in the chain to be clearly searchable LONG after the fact. The buyers may want to (GASP!) SELL themselves someday, and they have every right to want the record the have absolutely clear evidence that they were granted full title.

 

[DAD10]

What is the name of your state (only U.S. law)? Wisconsin

If needed, this would be "at the land registry office in the jurisdiction where the real property (land) is located[/U]."

Do you have a clue as to what your speaking of? There is no such thing.

 

[nextwife]

Do you have a clue as to what your speaking of? There is no such thing.

What are YOU talking about?

She is likely quoting standard language inserted into the title commitment which requires that the POA be recorded (or in recordable form, and the POA will be recorded with the document package).

"at the land registry office in the jurisdiction where the real property (land) is located[/u]." The jurisdiction in WI would be the county (rather than say, a Burrough), and the land registry is the County Register of Deeds Office.

 

[DAD10]

Yes, I do.
I believe she is speaking of the County Recorders Office.
There is no Land Registry Office.
The POA's authority should be reflected in title (thats the proper way).
Most counties prefer this instead of an attached POA directive.

 

[DAD10]

OP contact a Title Representative they will assist you in this matter for proper procedure in completing this matter

 

[nextwife]

Yes, I do.
I believe she is speaking of the County Recorders Office.
There is no Land Registry Office.
The POA's authority should be reflected in title (thats the proper way).
Most counties prefer this instead of an attached POA directive.

Title underwriters use broad language in their prewritten clauses that makes their use in multiple states possible. Land Registry office is understood to be a Register of Deeds office - It means the office that maintains a registry of real estate transactions. And in WI, it is NOT called the County Recorders office, it is the County Register of Deeds. Which is why a title underwriter based in maybe IL, uses terminology that their agents in WI, CA, and other states can still insert.