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