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§ 4-107. Powers of attorney

West's Annotated Code of MarylandReal Property

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 4. Requisites of Valid Instruments (Refs & Annos)
Subtitle 1. General Rules (Refs & Annos)
MD Code, Real Property, § 4-107
§ 4-107. Powers of attorney
Currentness
Execution of power of attorney in same manner as deed
(a) Every power of attorney executed by any person authorizing an agent or attorney to sell and grant any property shall be executed in the same manner as a deed and recorded:
(1) Before the day on which the deed executed pursuant to the power of attorney is recorded;
(2) On the same day as the deed executed pursuant to the power of attorney; or
(3) Subject to subsection (b) of this section, after the day on which the deed executed pursuant to the power of attorney is recorded.
Power of attorney recorded after deed executed
(b) A power of attorney may be recorded after the day on which the deed executed pursuant to the power of attorney is recorded, if:
(1) The power of attorney is both dated and acknowledged on or before the effective date of the deed executed pursuant to the power of attorney;
(2) The power of attorney has not been revoked with respect to the period of time up to and including the date of recording of the deed in accordance with the provisions of subsection (c) of this section; and
(3) The deed, or a recorded instrument of writing supplementing the deed contains an affidavit or certification by the agent or attorney in fact named in the power of attorney, stating substantially, that the agent or attorney in fact did not have, at the time of the execution of the deed pursuant to the power of attorney, actual knowledge of the revocation of the power of attorney, by death of the principal or, if applicable, by the subsequent disability or incompetence of the principal.
Identification of person with power of attorney
(c) Any person executing a deed as agent or attorney for another shall describe himself in and sign the deed as agent or attorney. A power of attorney is deemed to be revoked when the instrument containing the revocation is recorded in the office where the deed should be recorded.

Credits

Added by Acts 1974, c. 12, § 2, eff. July 1, 1974. Amended by Acts 1997, c. 633, § 1, eff. Oct. 1, 1997.
Formerly Art. 21, § 4-107.
MD Code, Real Property, § 4-107, MD REAL PROP § 4-107
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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