Legal Question in Wills and Trusts in California

Is is mandatory to file my executed, witnessed and notarized Power of Attorney with the County Recorder if they are to act as my attorney-in-fact to buy, sell or mortgage my property?

Asked on 7/19/13, 2:30 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

Tittle companies will probably want a POA recorded as part of the transaction.

Is there any reason you don't want it recorded?

Sometimes people prefer to have a separate limited power of attorney prepared limited to just the one specific transaction.

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Answered on 7/19/13, 2:38 pm

Anthony Roach Law Office of Anthony A. Roach

Once it is recorded, the revocation has to be recorded. (Code Civ. Proc., sect. 1216.)

Civil Code section 2933 requires the power to be recorded if a party is going to execute a mortgage or a deed of trust.

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Answered on 7/19/13, 3:03 pm

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