Party Sign
Is it legal for one party to sign for another party on a legal deed?
My brother in law had his named signed by another person on the deed to his house when it was sold.. The second party at one time has power of attorney but no longer… is this legal and what should we do..
please help
This is one big mess…. My brother in law is in another state and his house isa being sold today..
the person who had power of attourney 5 months ago signed the title
First your “name” is not legally a part of your signature unless you choose to use it; your signature can be any symbol or word you choose. Your brother didn’t have his “name” signed to anything. If someone signed his authorization (his name or any other symbol purporting to be his) without his permission, that would be forgery only if the act was done with an “intent to defraud”.
Second, if a person has a power of attorney, and it is apparently in effect at the time, and it covers the type of transaction being signed for, then the person with the power CAN sign. Again, the person’s “name” is not their signature. I could sign “John Hancock”, which is not my name, and it would still be (legally) my signature.
The real question here is this: What difference does it make who signed for your B.I.L. when he RECEIVED the deed on his house? Some places do not require any signatures other than those of the persons GRANTING the deed.
In today’s transaction the person signing would either need to be your brother-in-law or a person with a valid power of attorney to transact real estate in his name. It is up to the receiving party to make sure the proper people are signing and have the authority to sign.
For example, I bought property from a woman whose ex BF was also on the deed and we required her to have a notarized and current POA from him or else have him present to sign at the closing before we would pay for the property. Simple as that.
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