Real estate title glossary
What is power of attorney?
Definition
A power of attorney lets an agent sign deeds or mortgages for the owner; for real estate most states require it to be in writing, acknowledged, and often recorded with the deed.
A deed signed under a power of attorney that was revoked, expired, or not broad enough is a common title problem, and a frequent tool of deed fraud.
How it shows up in a title search
A search checks that the power of attorney was recorded and covered the transaction.
Guides that go deeper
- Property Fraud Alert and Deed Fraud: How Forged Deeds Work and How to Spot ThemDeed fraud files a forged deed in the county record. See how it works, which clerks offer a free property fraud alert, and the red flags a title search shows.
- Cloud on Title: Meaning, Examples and How to Clear OneWhat a cloud on title means in real estate, common examples a title search finds, and how each is cleared: release, corrective deed, lapse or quiet title.
- Estate and Probate Transfers in the Chain of TitleExecutor’s deeds, letters testamentary, affidavits of death. How to read an estate transfer in the chain of title and why a $1 deed is not a sale price.
Related terms
Source: Legal Information Institute, Wex: power of attorney. Plain-English summary of general US usage; state law varies, and this is not legal advice.