When selling property with a POA, do you have to attach a copy of POA to the deed...

[BrainWorm]

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

Do I have to attach a copy of the POA to the deed when filing at the county office? Or is it enough that a copy of the POA is already on file there?



Thanks.

 

[nextwife]

If a copy is already filed into the public record, and posted into the record as a searchable document AND is the type of POA that is sufficient for the transfer of real estate, normally, the only other thing a title company would want to see to insure a future conveyance is an affidavit that the POA is still in effect, the party is alive, and the POA has not been revoked.

 

[BrainWorm]

Hi nextwife. Thanks for your reply.

The DPOA specifically states that it allows me to make real estate transactions on behalf of my Mother, and it was acquired a few months ago, doesn't have an expiry, and was filed a few days ago with the county clerk.

This will be a private sale, meaning no title company, realtor, or lawyer will be involved. Just me, and the buyer. What I need to know is when I file the deed at the county clerk's office, will I need to have attached a copy of my DPOA to the deed beforehand.

 

[FlyingRon]

You should call up the county clerk and ask. There's a lot of variation here. They may want a true copy, they may just want to examine it, they may not care.

 

[nextwife]

You should call up the county clerk and ask. There's a lot of variation here. They may want a true copy, they may just want to examine it, they may not care.

They should look BEYOND what the recorders office requires. They need to have a searchable chain of title, documenting the authority to convey, so that someday they can sell when the time comes, and have that sale insured by a title company. Or refinance, and show good title.

THe RODs office is only concerned with what makes a document recordable, which is not necessarilly the same as insurable. Were it I, I'd wish to know what a title company would need to see if they were insuring a future transaction. . .

 

[BrainWorm]

The county clerk will not answer such questions. They say it is 'legal advice' and that they are forbidden to give anything resembling same.

 

[BrainWorm]

Private transactions are common in my area, and are much more often than not, fine. I have done the title search. The property has been in my family more than a hundred years, with two owners in that time. Title is good, and there are no liens, no back taxes, etc.

I know the right way to fill out and sign the deed as POA. So, all I need to know now is if this transaction is legal, and if title will be transferred successfully if I do not attach a copy of the POA or any other document to the deed when filing. That's pretty much all.

 

[nextwife]

Private transactions are common in my area, and are much more often than not, fine. I have done the title search. The property has been in my family more than a hundred years, with two owners in that time. Title is good, and there are no liens, no back taxes, etc.

I know the right way to fill out and sign the deed as POA. So, all I need to know now is if this transaction is legal, and if title will be transferred successfully if I do not attach a copy of the POA or any other document to the deed when filing. That's pretty much all.

I was not referring to the transfer TO you.

I was referring to the best way to do this so that someday if you need to sell or finance, any title insurer would have what is needed of record to be in a POSITION to insure the NEXT transaction.

 

[BrainWorm]

I understand that. And I have no problem putting a one or two page affidavit with the deed. My DPOA is ten pages long, so you understand, I need to know if I have to attach it to the deed when filing for this to be legal and valid.

If you have the answer, I would love to know it...

 

[nextwife]

I understand that. And I have no problem putting a one or two page affidavit with the deed. My DPOA is ten pages long, so you understand, I need to know if I have to attach it to the deed when filing for this to be legal and valid.

If you have the answer, I would love to know it...

If already "of record" and searchable in the RODs office, simply attach a memo referencing the POA recording info, in addition to the affidavit. Most likely that is sufficient- You can ask the ROD office if they will allow filing with just those items..

WE can't know what a particular ROD office might impose, as to their requirements. In my county, even the ink color is mandated, the only place blue ink can appear is the signature line, for example, to be recordable (due to their imaging system).

 

[BrainWorm]

*sigh*

The recorders requirements are not what I am asking about. I am asking about whether or not the deed will convey title without me attaching a copy of my DPOA. This is a matter of state law, and someone here surely does know the answer. Else, I wouldn't be asking here. And please don't tell me to ask a lawyer or any other professional who charges fees. If there were any more money for that sort of thing, I would be doing it.

 

[HomeGuru]

*sigh*

The recorders requirements are not what I am asking about. I am asking about whether or not the deed will convey title without me attaching a copy of my DPOA. This is a matter of state law, and someone here surely does know the answer. Else, I wouldn't be asking here. And please don't tell me to ask a lawyer or any other professional who charges fees. If there were any more money for that sort of thing, I would be doing it.

**A: *sigh*

 

[FlyingRon]

They should look BEYOND what the recorders office requires. They need to have a searchable chain of title, documenting the authority to convey, so that someday they can sell when the time comes, and have that sale insured by a title company. Or refinance, and show good title.

The chain of title that matters to the poster is whatever the buyer and his title insurer will accept.

 

[BrainWorm]

Again, this is a private sale, done with a warranty deed. Meaning, title insurance will not be involved, and I can be sued to kingdom come if someone else has a legal claim on the property. They don't, so it is safe for me to use a warranty deed.

Title is unclouded. Chain of title is fine, and will be unless the buyer does something after he/she buys it to screw it up.

guys, just quit answering. it is obvious that you either don't know the answer to this very important question, or you are arrogantly withholding the information, not realizing the you would be helping, NOT hurting anyone at all by sharing it.

i am the sole caregiver of an elderly woman with advanced dementia, I cannot work because people in the family who are willing to help live too far away to do so, medicaid is not an option, and our plumbing is BUSTED. the sale of this property would allow me to fix it. i will proceed without attaching a copy of the DPOA. the recorder doesn't care one way or the other. i needed to know answers that you guys are refusing to give. so be it. i cannot afford to go to anyone who charges a fee. if I could I would have.

 

[anteater]

I don't get it. All this over a couple pieces of paper?

You are going forward with this anyway. Slap a copy of the POA on it.