Legal Question in Real Estate Law in Virginia

Hi! I am in the process of closing a short sale on a condo which is located in Fairfax county in Virginia. I presently live in NYC and wish to give my brother power of attorney to act on my behalf at the closing. My brother does live in Loudoun county in Virginia. I wish to avoid attending the closing in Virginia and therefore want to give the power of attorney to my brother for the closing.

1) Can I notarize the power of attorney in NY?

2)Does the power of attorney has to be filed in the County Clerk's office in VA?

3)Must the power of attorney be notarized in VA?

4)How many original forms must be notarized?

Thank you

Grace


Asked on 7/18/10, 6:50 pm

1 Answer from Attorneys

1) Yes. Ideally, you will want a specific power of attorney for the purchase. Contact the title company handling the closing. They will have a suitable form, which should be drafted by an attorney.

2) Yes, it should be filed with land records along with the deed your brother signs to make clear that he had the ability to sign it on your behalf.

3) No.

4) One copy of the POA. During the purchase, your brother will sign many notarized forms.

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Answered on 7/28/10, 6:29 pm


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