Legal Question in Real Estate Law in Georgia
specific power of attorney
Does a specific POA that concerns the sale of real estate have to be recorded in Dekalb County, Georgia?
2 Answers from Attorneys
Re: specific power of attorney
The POA is recorded in the county in which the property is located. However, I wouldn't worry about it at this time; call the closing attorney. He/she will tell you to bring it with you to closing and he/she will record it along with the other documents, such as a warranty and/or a security deed.
Re: specific power of attorney
Generally speaking, the power of attorney that is used to effectuate the granting of the deed is recorded along with the deed in the county where the land is located. The best practice is to have a specific poa that has the legal description of the property in the poa, along with the dates that the poa is valid, and which has the full and legal name of the person to whom the power is being granted, along with the full and legal name of the person who is granting the power. The poa, at a minimum, must have an unofficial witness and a notary to be valid for real estate. Anytime you are transferring real property I recommend you seek legal counsel prior to the transfer, not after.