Scott Fitzgerald as Agent for Ernest Hemingway If we assume that Scott Fitzgerald is the agent for Ernest Hemingway, the signature may look like this:Īlternatively, the signature may look like this: Each of these methods requires the agent, as signor, to write an additional phrase beside his name when he signs the deed.
There are two ways for an agent to sign a deed or other document under a power of attorney. Instead, the deed will be signed by the agent under the power of attorney. If Ernest Hemingway is the grantor, the signature line would look like this:īut remember that the grantor-Ernest Hemingway in this example-will not be the one signing the deed. When a deed is signed using a power of attorney, the grantor (and not the agent) is usually listed as the signor in the printed text beneath the signature line. It usually includes a blank line for the handwritten signature, with the name of the signor printed beneath the blank signature line. The signature line is the place where the grantor signs the deed. The Grantor’s Name on the Signature Line (How to Sign the Deed) This helps connect all of the names in the land records. When the principal’s name is used in the vesting paragraph, it clarifies that the person conveying the property through the agent under the power of attorney is the same person that acquired the property at some earlier time. If Ernest Hemingway is listed in the land records as an owner in the chain of title, the title examiner will look for a deed from Ernest Hemingway conveying the property to someone else. When a third party-like a title insurance agent-is searching the land records, that person is trying to “connect the dots” between the different owners in the chain of title. The reason has to do with the way land records or organized. The answer is that the vesting paragraph should always list the principal/grantor and not the agent. Given that the agent under the power of attorney will sign the deed, who should be listed in the vesting paragraph? Should the vesting paragraph list the grantor even though the grantor will not be signing the deed? Or should the vesting paragraph list the agent even though the agent is not the current owner? The vesting paragraph is the portion of the deed that contains the language that transfers the real estate from the current owner ( grantor) to the new owner ( grantee). The Grantor’s Name in the Vesting Paragraph We also provide step-by-step instructions about how the agent should sign the deed. Our online deed preparation service includes the language needed to properly reference the power of attorney. Need to create a deed to transfer real estate using a power of attorney? To understand these rules, we need to look at the three places where the name of the current owner (called a grantor) is listed on the deed: the vesting paragraph, the signature line, and the notary block. The rules that apply can differ from state to state and are not always self-explanatory. Signing a deed with a power of attorney requires special care to ensure that the deed is worded correctly. The person named as agent (usually a spouse or other family member) can use the power of attorney to sign the real estate documents-including the deed-without opening a guardianship or conservatorship or otherwise obtaining court permission. In the typical situation, the principal is physically or mentally disabled and cannot sign document on his or her own behalf. Powers of attorney are often used to transfer real estate. Instead, the agent can use the power of attorney to manage the disabled principal’s affairs without court involvement. It avoids the need to open a guardianship or conservatorship with the court in order to deal with the principal’s assets. A properly drafted power of attorney allows the principal to specify in advance who will govern his affairs if he becomes disabled. Powers of attorney are used to plan for disability. This means that the agent can only take actions for benefit the principal and should generally refrain from actions that benefit the agent personally. The agent owes a fiduciary duty to the principal. Extra Steps to Ensure that the Power of Attorney is AcceptedĪ power of attorney is a legal document that authorizes one person, called an agent, to act on behalf of another person, called a principal.The Grantor’s Name in the Notary Acknowledgment.The Grantor’s Name on the Signature Line (How to Sign the Deed).The Grantor’s Name in the Vesting Paragraph.
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