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Real Estate Law Blog
Real Estate Law Blog
Blog
Using a Power of Attorney for a New York Real Estate Closing
Posted on April 22, 2014 at 11:45 PM |
Sellers use a power of attorney for real estate closings more often than do purchasers. The most likely reason for this is that many purchasers' lenders are reluctant to permit the use of powers of attorney by their borrowers. If you are a purchaser and need to use a power of attorney, check with
your bank and title company in advance to see what their policy is concerning powers of attorneys. If your lender does not permit the use of a power of attorney, your agent will not be authorized to sign on your behalf. Additionally, it is prudent to have the document reviewed by the title
agency, as their approval is required
before they will rely on it for title transfer purposes. A power of attorney is designed to be effective until death, unless
voluntarily revoked, even if you become incompetent or incapacitated. Therefore, it is imperative that you choose an agent that is trustworthy and will carry out your financial instructions properly. If you need a power of attorney contact an experienced New York attorney
to prepare one for you. After the power is prepared, you and the
person that you have designated as your agent need to sign it before a
notary public. The law governing a power of attorney in New York State
is General Obligations Law Sec. 5-1501. Jeanne M. Reardon is an attorney experienced in preparing powers of attorney. To speak with
an experienced real estate attorney about closing with a power of attorney, call us at (516)
314-8433. |
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