Legal Question in Real Estate Law in New Jersey

Re: Power of Attorney for joint ownership when one person is out of the country

You will need to talk with a representative of the title company to find out exactly what they will need. The Power of Attorney may be sufficient or you may need a document drafted specifically for this transaction. But before you start getting her signature on documents, find out exactly what they want. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Power of Attorney for joint ownership when one person is out of the country

Your sister will have to sign a power of attorney permitting you to sign whatever documents will be required at the closing. The power of attorney will have to be signed by her in the presence of the appropriate German official. It will have to have an english acknowledgment, signature of the local notary or other official empowered to administer oaths, and a certification by a court or other authentication of the office held by the person who is taking acknowledgement. It may also require a translation into German of the contents of the power of attorney and the acknowledgement.

Another alternative is to go before an officer of the nearest US Consulate, which has the ability to take acknowledgments and notarize documents.

It is also vitally important to check with the title insurance company insuring the buyer's title and with the recording office as to their requirements, to be sure that the power of attorney will be accepted and that documents signed under the power of attorney may be recorded.

I have prepared powers of attorney for signing by persons in Germany before. You will need to allow sufficient time for all of this to be accomplished and the power returned to you in time for the closing.