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Legal Research Library   >   New Power of Attorney Requirements - Westchester County Clerk’s Office

New Power of Attorney Requirements - Westchester County Clerk’s Office

We have been informed that the new Power of Attorney Requirements will be effective for all documents EXECUTED AFTER MONDAY, APRIL 7, 2008. The Westchester County Clerk will accept documents without the Power of Attorney being submitted with the document (for individuals) if executed PRIOR TO APRIL 7, 2008 and the document contains a note indicating “EXECUTED PRIOR TO 4/7/08. POWER OF ATTORNEY NOT REQUIRED TO BE SUBMITTED”. (SEE BELOW)

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:

1. 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;
2. 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;
3. 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;

Thank you

John J. Mongero
Chief Deputy County Clerk

Please contact the Legal Department of our White Plains Office should you have any questions about an upcoming transaction. 914-949-3250

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