Borrowing Transactions,” under Section # 3 of the Illinois Statutory Short Form POA, the attorney is free to put in specific language, such as “execute a mortgage,” or “sign a mortgage,” on behalf of the principal. Borrowing Transactions” must be selected as one of the powers. Per the statutory language on the form itself, only Borrowing Transactions authorizes the agent to “borrow money mortgage or pledge any real estate…as security for such purposes.” 755 ILCS 45/3-4(m).Īs an alternative to selecting “m. In addition, if the buyer’s agent is using an Illinois Statutory POA to sign the mortgage, “m. Real Estate Transactions” to include a closing specifying a certain property address. Real Estate Transactions” should be selected as one of the powers given to the agent. In Section # 3 of the Power of Attorney, the attorney can limit the broad powers listed in “a. An agent or successor agent for the property.įor all Illinois transactions, ATG recommends that seller and buyer attorneys use the Illinois Statutory Short Form Power of Attorney for Property. Attorneys should draft these very carefully so that the correct powers are given to the agent. In general, “a.A parent, sibling or descendant, or the spouse of a parent, sibling, or descendant, of either the principal or any agent or successor agent.An owner, operator, or relative of an owner or operator of a health care facility in which the principal is a patient or resident.The attending physician or mental health service provider of the principal, or a relative of the physician or provider.The statute governing valid Powers of Attorney states every POA concerning real property “shall bear the signature of a witness to the signing of the agency and shall be notarized.” 755 ILCS 45/3-3.6. The statute places limitations on who may be the witness. The following are prohibited from serving as a witness: Any advice would be greatly appreciated.Illinois law has specific requirements for a Power of Attorney (POA) to be valid. A crucial element for a valid POA is the signature of a witness in addition to the notary. This requirement applies to all Powers of Attorney, whether or not the Illinois Statutory Short Form is used. Unless you guys have a way for me to complete the entire process without having to do that? I am going to be selling the car so I need it to be transferred into my name asap so I can sell it. If that is the case I can just order the replacement and have it within the week. Is this something you can help me with online? I think I read I have to have a physical Title to do a transfer online with you guys if I am I can’t use one of those anyways because he is incarcerated and I wouldn’t be able to have him sign any documents any time soon. In FL I see they have some different POA forms through the DMV that you can use for this purpose but I assume that is needed for people who do not have an actual real POA already. Since the current title is electronic and not paper, they said o just need to order a replacement paper title and pay for it and then once I get that I can use the POA to have the title transferred into my name. I went into the local tag agency because the DMV is crazy down here. When he realized he was going to be in jail for a very long time, he gifted me his car that is fully paid off. I have a Limted POA over him that covers everything regarding him and his affairs except for medical decisions. My father is currently incarcerated and has been for about a year and a half and looks like he is going to be there for many more years. If there is not a time constraint and the sellers are willing to do that, that might be the best path if the NJ DMV gives you the run-around. Further, it is more common for the seller to complete the transfer into their name that is, the daughter transfers the title to her name first and then would hand you the new title. (2)do they need they need a copy of the representatives (seller’s daughter) ID? We stress that you should contact the same office you plan to complete the transfer at since a different office may give you a different answer. That said, if an NY DMV rep stated that you need the PoA, I would go to or call the very office you plan to complete the transfer at and confirm two things: (1)do they need an original PoA or is a copy acceptable. In your case, you are not representing the previous owner/seller at all. Unfortunately, the requirements are not clearly laid out in this case since, on the NJ DMV website, they only detail instances where you are signing on behalf of the owner (seller in this case) or the you are representing the owner (seller) that has already signed the title.
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