Legal Question in Real Estate Law in California

Re: power of attorney

There is a so-called Uniform Power of Attorney Act, which is supposed to result in nationwide standardization of pwer of attorney forms and laws. The law has been unevenly adopted among the 50 states, and to make matters worse, has been amended by some states but not others. So, there is no easy way to know if a New Mexico P/A would be honored in California.

The best advice I can give you is to ask the lender, or the proposed escrow holder, about their preferences. Generally, I'd expect them to tell you to use the standard California form, since that's where the deal will take place. However, it's possible they may tell you they also honor New Mexico p/a's, or maybe they have some in-house form. In any case, checking in advance with the party that's gonna be called upon to honor it is advised. If you can't pre-identify them, stick with the CA form.

Re: power of attorney

Either or should suffice legally. However, to be on the "safest" side, either get both state forms or use the California one since you and the property at issue are both in California. If you need further assistance, email us with your request.

Re: power of attorney

In this day and age of plenty of free forms on the internet, I would agree with both colleagues. I would use both states, or ask the lender which they prefer, or if they have their own in-house forms available.

Since you live in California, and property is in California, I would use a California form if had to select one.