Legal Question in Real Estate Law in California

Is there a statute for the use of a certified copy or original power of attorney for recording documents in real estate transactions


Asked on 2/28/12, 2:16 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The entire system of recording is statutory. The basics are in the Civil Code, sections 1169 to 1220. The nitty gritty particulars are in the Government Code, roughly sections 27201-27399.

Government Code section 27201(b)(1) provides that, in general, documents presented for recording must have original signatures. There is an exception where a certified copy may be recorded, or "as otherwise provided by law."

If the document to be recorded is a final judgment of a court, a certified copy thereof must be obtained from the court clerk for recording. Govt. Code section 27326

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Answered on 2/28/12, 4:56 pm
Anthony Roach Law Office of Anthony A. Roach

I'm not sure what you are looking for. There is no general legal requirement that a power of attorney be recorded. If the seller's attorney in fact will be signing the deed to convey title, however, a title insurance company will require that the powe of attorney be recorded. Once a powre of attorney is recorded, Civil Code section 1216 requires the revocation to also be recorded.

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Answered on 2/29/12, 8:34 am


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