North Carolina Power Of Attorney For Real Estate: Fill & Download for Free

Attorney means to represent another. There is power of attorney, which is to represent another in fact. An attorney at law is the power to represent another person in the law. Often legal attorneys are referred to as lawyers. A lawyer is one who is skilled or trained in the law. An attorney is a lawyer who has a license to represent another. For example, you may have heard of the phrase, “jailhouse lawyer”, but not “jail house attorney”. Typically, convicted felons do not possess a license to practice law.The power of attorney allows one person to act or do financial things on the behalf of another person. This may include everything from banking, buying and selling property, negotiating contracts, to anything that the person giving another power[the principal] can do to their agent. For example, Ann gives a Betty, a financial power of attorney to sign legal papers for her. Ann may want to buy a house in the state of Florida, but Ann is working in the state of Maine. Ann can give the power of attorney to Betty to sign for Ann on the real estate papers in Florida. A power of attorney is usually good until the person giving or assigning the power to another person decides to cancel it. A durable power of attorney means that even when the person assigning or giving the power becomes physically or mentally incompetent, the power of attorney continues. In our example with Ann and Betty, Ann may have given her friend Betty a durable power of attorney in 1982, and now, in 2017, Ann is deemed to be a legally incompetent person. The durable power of attorney from 1982 is still valid in 2017, and even after Ann’s incompetency, Betty can continue to act on Ann’s behalf.Most people use power of attorneys for a specific act, like in the example of buying a house. Or, a durable power of attorney is drafted in the event that the principal person cannot act for themselves.Power of attorneys need to be very specific. Thirty years ago, I worked for a law firm and I was told our clients had given me the power of attorney to sell their house. My instructions were simple, get a huge check at the real estate closing, take the money to the bank, deposit the check, and transfer the money from my home state of Michigan to their bank branch in the state of North Carolina. After I deposited the money into the bank, the bank refused to transfer the funds to North Carolina. My power of attorney did not specifically state that I had the power to transfer funds. My power of attorney only stated that I had the power to represent the clients at the real estate closing. Lesson learned: Power of attorney must be detailed and specific.I would advise anyone on obtaining a power of attorney to consult with an attorney at law.

It's actually allowed in certain states and under certain circumstances. It is called a proof of execution by subscribing witness. This is explained in detail below:There are times when a signer urgently needs a document notarized, but cannot appear in person before the Notary due to unusual circumstances such as a medical or family emergency. If this happens, some states permit the signer to sign the document in front of or acknowledge signing it to a witness. The witness — not the signer — then appears before the Notary.The Notary identifies and administers an oath to the witness. Then, the witness signs the document. Based upon the witness’s oath, the Notary performs the notarization. This is called a proof of execution by subscribing witness.But there are restrictions and specific requirements for this act. Here’s what you need to know.Restrictions On ProofsThe most important thing to remember is that proofs of execution are one of the only times a document signer does not appear before a Notary to have their signature notarized. While you must be careful when performing any notarization, this is even more important when you perform a proof.Not all states allow Notaries to perform proofs; sometimes Notaries aren't even aware that they are permitted to do so. This is often because the rules for proofs of execution are sometimes included in real estate statutes or some other obscure part of state laws rather than in state Notary statutes.Because the signer is not present, states often have strict criteria for using proofs of execution by subscribing witnesses. Here are some examples:California requires a subscribing witness to be identified by another credible identifying witness who is personally known to the Notary. The credible witness must present an ID card allowed by law to the Notary.In Texas, the subscribing witness must either be personally known by the Notary or be identified by another individual the Notary knows personally.In North Carolina, a subscribing witness cannot be a grantee or beneficiary of the document.In Pennsylvania, the subscribing witness must be an attorney licensed in Pennsylvania.In Tennessee and Virginia, two subscribing witnesses are required.Florida does not permit Notaries to perform proofs of execution. However, a procedure is prescribed by FS 695.03(1) whereby a signed real estate document lacking notarization whose signer cannot be located or is deceased may be prepared for recordation by the “proof” of one of the subscribing witnesses. In such a rare instance, the Notary would notarize a “certificate of proof” or an affidavit of proof signed by the witness using a standard jurat.Always check your own state’s rules first before accepting a request to perform a proof of execution.Real Estate Documents And ProofsDue to risk of fraud, California prohibits its Notaries from performing a proof of execution on powers of attorney, on documents requiring a thumbprint in the Notary’s journal or on any instrument affecting real property. Certain real property documents — decrees of foreclosure, non-judicial foreclosures under California Civil Code 2924 or deeds of reconveyance — are exempt.Conversely, Oregon law permits proofs of execution to be used only for real estate transactions, but state officials recommend that Oregon Notaries consult with the Real Estate Division if it comes up.But if it does not meet the criterion spelled above then it would be a felony punishable by fines and imprisonment.

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