Hello, all. I truly hope someone can clarify this issue for me.
I represent Sellers (a Life Tenant and two remainder interests) in the sale of real property. The LT is 83 yrs old and now resides in Texas with her daughter. She will not travel back for the closing. I sent the transfer documents to her ahead of time for execution.
Due to the fact she did not drive anymore and had no plans to travel, LT let her NY driver's license and passport expire som years ago. Daughter cannot locate a notary in Texas who will notarize LT's signature without proper unexpired ID. Daughter then remembers that LT executed a NY POA form in 2015 making daughter her agent. I sent it to the title company for review and was told that it "was too old". When I pressed the issue, all I was told is that "the County will reject" the POA which must be recorded if it is used to execute the deed. This is Suffolk County.
It seems ridiculous that a durable POA can be rejected because it was executed (properly) some years ago. Isn't that the point of signing a durable POA? Daughter can sign an affidavit of full force and effect.
Is anyone aware that Suffolk County rejected a POA for being too old?
Renee L. Giorgini, Esq.
Renee L. Giorgini, P.C.
326 S. Wellwood Avenue
Lindenhurst, NY 11757
Tel 631 957 9600
Fax 631 957 5020
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