We have just been informed of the following change regarding Power of Attorney in the Westchester county clerk’s office. We have also been informed that the new Power of Attorney requirements will be effective for all documents executed after Monday, April 7th. They will accept documents without a Power of Attorney being submitted with the document (for individuals) if executed prior to April 7th if the document contains a note indicating “executed prior to 4/7/08—Power of Attorney not required to be submitted.” This policy is effective immediately:
All conveyance documents that reference a Power of Attorney, or are signed and executed by a signature under Power of Attorney, whether individually or by attorney-in-fact for a corporate entity, must comply with the following in order for a conveyance to be accepted for recording:
- For both individual and corporate executed documents, a Power of Attorney must be of prior record, or submitted simultaneously therein, with the conveyance tendered for recording;
- For a conveyance submitted for recording with reference to a prior filing of a Power of Attorney, the conveyance must contain reference to the liber and page, control number and file date of the Power of Attorney;
- For conveyances submitted for recording with reference to a prior filing of a Power of Attorney not filed in the Land Records Division, the conveyance must be accompanied by a certified copy of the prior recorded Power of Attorney.