Power of attorney guide
Real Estate Power of Attorney
A real estate power of attorney authorizes an agent to buy, sell, mortgage, lease or manage property on your behalf, most often to sign at a closing you cannot attend. Because the agent's signature ends up on a recorded deed, the power of attorney itself must be acknowledged before a notary and is recorded in the county land records alongside the deed.
Also called: power of attorney for real property, closing power of attorney, specific power of attorney for the sale of property.
Why recording changes the rules
Every state lets a county recorder accept a deed only if the signature on it has been acknowledged before a notary or other authorized officer. When an agent signs the deed, the recorder also needs proof of the agent's authority, so the power of attorney is recorded first, or with the deed, and the deed references its book and page. That is why a real estate power of attorney has to be notarized even in states that merely recommend notarization for other powers of attorney.
Recording also fixes the description. Title companies want the power of attorney to identify the property by legal description or at least by address, to state the agent may sign all documents needed to close, and to be dated recently, many underwriters will not insure a closing under a power of attorney more than a year or two old without a current agent affidavit.
What title companies and lenders require
The original, not a copy, for recording. A notary certificate that complies with the recording state's requirements: a complete venue, the signer's name, the notary's seal and commission expiration. For a purchase with a mortgage, lender approval of the power of attorney before closing; most lenders review it against their own checklist and some require the principal to be unavailable, not merely absent. An affidavit from the agent at closing that the principal is alive and the power has not been revoked.
Spousal and homestead rules apply on top. In Florida, Texas and several other states a spouse must join a conveyance of the homestead, and that joinder can also be signed under a power of attorney as long as the power expressly covers it.
Online notarization and recording
Texas, Florida, Arizona, Nevada and most RULONA states accept electronically notarized instruments for recording through e-recording vendors, and recognize a notarization performed under another state's law. California is the exception to watch: its recorders apply an original-signature rule, its own remote-notarization program is not yet operating, and a power of attorney notarized online for a California deed should be cleared with the title company first. Georgia records an out-of-state notarization but still requires a second, unofficial witness on the deed itself. The state pages on this site carry the detail for each state.
Real estate power of attorney: rules by state
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Common questions
- Does a real estate power of attorney have to be recorded?
- Yes, if the agent signs a deed, mortgage or other recorded instrument. The recorder needs the power of attorney in the chain of title to show the agent had authority. For a lease or management agreement that is not recorded, recording the power is optional.
- Can a power of attorney be used to sell a house?
- Yes, if it grants authority over real property, is notarized, and is acceptable to the buyer's title company and lender. Most closings under a power of attorney also require the agent to sign an affidavit that the principal is alive and the power is unrevoked.
- Will the county recorder accept an online-notarized power of attorney?
- In most states, yes, through electronic recording. California recorders are the notable exception because of their original-signature rule. Confirm with the title company handling the closing before the session.
Notarize a power of attorney online
A real estate power of attorney follows your state's signing rules: notary in most states, witnesses in some. Upload the document, verify your ID, and sign on video with a commissioned online notary in about 15 minutes. Witnesses, where your state requires them, can join the same session.
Related types
Limited power of attorney
Authority for one task or one period: a closing, a permit, a vehicle sale, a trip abroad.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
All types of power of attorney and the state-by-state table →
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision. Confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.