Limited POA for real estate form

[Phuong Tran]

I will be out of town for the closing on a property I am buying with co-investors who live in NC. They will be signing at title company in NC. Is this form the correct one for me to assign limited POA to cover real estate transactions?

file:///C:/Users/Ptran/Documents/North-Carolina-Real-Estate-Power-of-Attorney-Template.pdf

The template gives option of listing property in NC, but the property we are closing on is actually in MI. (We are all out of state investors, so bank is going with a title company that has an office in NC to accommodate us.)

Does this form work for property that is out NC? Am I correct that the form does not need to be registered, but only signed by me, notarized and hard copy given to my designated agent? 

Many thanks for clarification from someone in the know on these issues!

[Tom Gimer]

Here's the thing with POAs... you need to check local law (where the POA will be used/recorded) in order to determine requirements. Generally most states say "valid where executed, valid here" but if you attempt to use a POA created in a different jurisdiction, that requires an analysis by the title company as to whether the POA was actually valid where executed. Rather than deal with that uncertainty, just pull local (Michigan) law:

http://www.legislature.mi.gov/(S(es0vzx24najkscyrf2012wy4))/mileg.aspx?page=getobject&objectname=mcl-700-5501

Notarized and signed in the presence of 2 adult witnesses who also sign the POA is the best course of action to ensure compliance these days in most states.