Does your Power of Attorney for home sale need to be recorded?

Full Question:

My wife and I are selling our home in MARYLAND end of this month. She will not be able to be there because of work. Does your Power of Attorney for home sale need to be recorded with MARYLAND before settlement or is this something the settlement attorney completes?
08/08/2007   |   Category: Power of Att... ยป Real Estate   |   State: Florida   |   #7803

Answer:

The following is a MD statute:

(a) In general.- Every power of attorney executed by any person authorizing an agent or
attorney to sell and grant any property shall be executed in the same manner as a deed and recorded:

 

 

(b) Recording after execution.- A power of attorney may be recorded after the day on
which the deed executed pursuant to the power of attorney is recorded, if:
 
(1) The power of attorney is both dated and acknowledged on or before the effective date of the deed executed pursuant to the power of attorney;
 
(2) The power of attorney has not been revoked with respect to the
period of time up to and including the date of recording of the deed in
accordance with the provisions of subsection (c) of this section; and

 

 

(3) The deed, or a recorded instrument of writing supplementing the
deed contains an affidavit or certification by the agent or attorney in
fact named in the power of attorney, stating substantially, that the
agent or attorney in fact did not have, at the time of the execution of
the deed pursuant to the power of attorney, actual knowledge of the
revocation of the power of attorney, by death of the principal or, if
applicable, by the subsequent disability or incompetence of the
principal.