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Do I need to have a power of attorney recorded with the county in order to sign grant deeds etc. for the primary?

Bakersfield, CA |

Do I need to have a poa recorded with the county when signing recorded documents ie grant deeds etc?

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Filed under: Power of attorney
Attorney answers 2

Posted

The POA does not have to be recorded for the agent to sign a deed. However, the POA must be recorded to correctly record the signed deed.

So if a POA signed a deed to convey property, the deed is valid, but to get the deed properly recorded, the POA must be recorded to show that the agent had the power to sign the deed.

Posted

There is nothing wrong with the above answer. The deed is valid when signed by an agent with power to sign under a POA and delivered to the grantee. Deeds do not have to be recorded to be valid, and neither do POAs. The problem is not with the validity of the deed, the problem is that the recorders do not have a clear flow of title on record; there is just not evidence of the deed's validity until (1) the POA is recorded to show the agent had the power to sign or (2) a court finds the agent had the power.

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