[WSBAPT] durable power of attorney lost original in real estate deal

[Bruce Moen]

I would keep the issue with the title company.  Ask the title officer if you can improvise an exception for the copy.  If the answer is "No," then ask to kick the matter up to the title companies legal department and pitch your proposal there.

A lot will depend upon the risk (small risk to the company and they may accept indemnity agreements from solvent parties) or you may leverage some clout with the company if your client pushes a lot of business through that company.

Good luck!

  -Bruce Moen

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Douglas Owens
Sent: Friday, February 19, 2021 8:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] durable power of attorney lost original in real estate deal

Dear list mates, I have a client who is in a coma, and who executed a durable power of attorney four years ago, and the agent is capable of acting but cannot locate the original of the signed power of attorney.  A real estate sale is pending and the comatose client is a seller, but the title company indicates although it will accept the POA for the agent to execute the deed it requires that the original be recorded.  A copy is available but it clearly is stamped “duplicate.”  Is there any method to achieve the equivalent that anyone knows of?  I have searched the act and cannot find one.  Is a lawsuit to compel the title company to accept the power of attorney likely to succeed without the original?  Thank you for your attention.  Yours truly, Doug Owens

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