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Is a POA necessary to secure a Title to a property?

We recently bought a home that was in foreclosure from the out of state company holding the mortgage.

They sent my husband and I papers to sign them over as POA so that they can sign the title over to us.

Is this necessary? Thanks for any information you can provide.

Update:

Thanks so far everyone.

We have always paid cash for our homes and vehicles, so never encountered the need for POA.

Thanks angelmusic, my assumption was that it was necessary because they are out of state. I will look over the paperwork to ensure that it is limited.

Update 2:

Good points David Z.

4 Answers

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  • 1 decade ago
    Favorite Answer

    I believe it is. I worked at a bank for over 10 years, in the mortgage, car and leasing depts.

    We had customers sign POA's all the time as a matter of course.

    What you want to look at is the POA. It should say it is a LIMITED POA, with its limitations to act within the limits of ONLY what is necessary to do the exchange of the title at the courthouse.

    The fact that the mortgage company is out-of-state is another clue. Otherwise you would need to travel there and take care of all the paperwork at the courthouse yourself.

    Your POA should only be a long paragraph or so and will state that it is in reference to a particular piece of property which will also show that it is a limited POA.

    If you have ever bought a car from a dealer or got a car loan from a bank, you have signed a limited POA, perhaps without knowing it, just thinking it was one of the "regular" documents.

    Source(s): One of Jehovah's Witnesses
  • 1 decade ago

    No a POA is not required. You want to sign all documents personally and do not want to give this party the right sign your name on anything.

    I have no idea why they would need a POA from you. They will deed the property to you and a POA is not required to do that. They will simply issue a warranty deed to convey the property to you.

    You should be able to sign all documents to close the sale of the home and should not need to issue a POA to the seller. They should overnight all documents to you and you can sign them all. This would typically take place at an attorney's office or title company who conducts the closing. Some of these documents you sign are required to be notarized so they must be signed in front of a notary.

    Your POA to them will give them the authority to sign something on your behalf. That does not seem wise to issue a POA to the seller of a property you are buying. Tell them no thanks and you will be happy to sign all documents necessary to make the sale go through.

  • TK
    Lv 7
    1 decade ago

    It does not make sense. If you were the highest bidder at the foreclosure auction then the bank/mortgage company should convey the property to you upon full payment of the sale price. They don't need you to make them your Attorney-in-Fact for purposes of conveying title to you.

    They can convey title to you precisely because they are the record holder of a mortgage that contains a power of sale that can be exercised by the holder in the event of a default, which obviously occurred because there was a foreclosure auction.

    Perhaps you are obtaining a purchase money first and/or second mortgage from the bank/mortgage company, which might account for this request. But it still sounds odd to me, and I think you need this explained more clearly or you need independent legal advice from your own attorney.

    Good luck.

  • gagam
    Lv 5
    1 decade ago

    Contact your local Clerk of Court. Never sign over a power of attorney without knowing exactly what you are doing! This is a legal document with which you may be put into financial ruin if you aren't careful!

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