Powers of Attorney

If the proposed transaction is based upon a power of attorney, the power of attorney, deed, and affidavit of attorney in fact must be furnished for review and must be recorded. The Company must be furnished acceptable proof that the power is in effect and is exercised while the principal is alive, that the power remains in effect and that the power of attorney has not been revoked at the time of execution, delivery and recording of the deed. At that time, the Company may make additional requirements or exceptions.
Comment: You must verify that a power of attorney complies with state law and the Company’s guidelines. For instance, the Company generally requires that the power of attorney specifically apply to the proposed transactions, that you verify that the principal is alive, competent, and has not revoked the power of attorney, and that the power of attorney be recorded. You must determine that the power of attorney is not forged. In Texas, the Company will accept the general, statutory form of durable power of attorney, so long as the formal and execution comply with Texas Probate Code, Section 481, et. seg. You should secure an affidavit from the agent stating that the principal is alive and competent and that the power of attorney has not been revoked.

By the instrument recorded ________________, _________________________ (“Agent”), as an attorney-in-fact for ________________________(“Principal”), conveyed the land to __________________________ but the public records do not show the source of authority of the Agent. The Company requires for its review and recordation:
1. A satisfactory power of attorney.
2. An affidavit duly executed by Principal or by another knowledgeable person stating that, at the time of the execution of said instrument, the Principal was competent and not incapacitated, that the power of attorney had not been revoked, and that it was in full legal effect.
Comment: You should use this requirement if an agent acted for the owner but no power of attorney has been recorded or reviewed.

By the instrument recorded _____________________ (“Agent”), as attorney-in-fact for _______________________________________, (“Principal”) conveyed the land to _____________________, but the power of attorney did not authorize the Agent to execute the conveyance.
The Company requires for its review and recordation a satisfactory deed from ___________________ to ___________________ that must be filed for record.
Comment: You should use this requirement if an agent acted for the owner but the power of attorney did not authorize the action.