Does a Power of Attorney for real estate transactions need to be recorded?

Asked almost 5 years ago - San Diego, CA

I want to bid on a home in a trustee sale auction on Monday but I can not attend the auction. If I execute a Power of Attorney limited to real estate transactions naming my real estate agent, does the document need to be recorded? If so, where?

Attorney answers (3)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . My colleague is correct about recording the POA. Your agent should bring a recorded copy of the POA to the auction. You should call the trustee and confirm that they will honor your agent's authority with the recorded POA.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Mark Aaron Arthur

    Contributor Level 6

    Answered . Not necessarily depending upon your state. Recording does put the public on notice, but your POA should still be effective. Be sure to bring your POA to the Trustee's sale. If you would like to be overly-cautious, you would likely record the POA with the county Auditor in whatever county the sale is occuring and/or the county where the property you will be bidding on is situated.

  3. Mark Aaron Arthur

    Contributor Level 6

    Answered . Excuse my edit but after review, the POA should be recorded and should be done so in the county where you reside. Also, be sure to record a revocation once the special POA has run its course.

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