Recording of Power of Attorney

[rdoren]

Several years ago, My Father used powers of attorney signed by all of us kids to transfer property recorded in our names to himself. He is now selling the property. The escrow officer is
telling him that because he did not have the powers of attorney
recorded, they weren't valid, in turn making the new deed in
his name invalid. They are telling him that he needs to get
a quit claim deed signed by all the children and if they are
married, one from each of thier spouses. I have never heard
of a power of attorney not being valid if it is not recorded.

 

[I AM ALWAYS LIABLE]

I have never heard of a power of attorney not being valid if it is not recorded.

My response:

That's because you're not a Real Property Attorney, nor are you in the business of buying or selling Real Estate - - otherwise, you would have known.

There is no general legal requirement that a power of attorney be recorded (but see Ca Civil § 2933--power of attorney to execute mortgage or deed of trust must be recorded).

Nonetheless, if the seller's attorney-in-fact will be signing the deed (or other conveyancing instrument to be recorded), the title insurance company will require that the power of attorney be of record (recorded in the county where the property is located).

So, it's back to "square one" for dear old Dad.

IAAL