Elkhart County Limited Power of Attorney for Real Property Form

Additional Indiana and Elkhart County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Elkhart County

Properties in any of these areas use Elkhart County forms:

• Bristol
• Elkhart
• Goshen
• Middlebury
• Millersburg
• Nappanee
• New Paris
• Wakarusa

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Use this power of attorney to appoint an agent to act on your behalf. The agent's powers follow IC 30-5-5-2 (Real property transactions) and are further limited by specifying a sole purpose to purchase, sell or refinance a specific property. The agent's powers can be further limited or defined in a "Special Instructions" section of the form. This POA terminates upon the satisfactory closing or upon a certain number of days (which you provide) after its execution, whichever happens first.

IC 30-5-5-2Real property transactions
Sec. 2. (a) Language conferring general authority with respect to real property transactions means the principal authorizes the attorney in fact to do the following:
(1) Accept as a gift or as security for a loan, to reject, demand, buy, lease, receive, or otherwise acquire either ownership or possession of an estate or interest in real property.
(2) Sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition or consent to partitioning, plat or consent to platting, lease, sublet, or otherwise dispose of an estate or interest in real property.
(3) Release in whole or in part, assign in whole or in part, satisfy in whole or in part, and enforce by action or proceeding, a mortgage, an encumbrance, a lien, or other claim to real property that exists or is claimed to exist in favor of the principal.
(4) Perform acts of management or conservation with respect to an estate or interest in real property owned or claimed to be owned by the principal, including the power to do the following:
(A) Insure against casualty, liability, or loss.
(B) Obtain, regain, or protect possession of the estate or interest by action or proceeding.
(C) Pay, compromise, or contest taxes and assessments.
(D) Apply for and receive refunds for taxes and assessments.
(E) Purchase supplies and hire assistance or labor.
(F) Make repairs or alterations in the structures or lands.
(5) Use, develop, modify, alter, replace, remove, erect, or install structures or other improvements upon real property in which the principal has or claims to have an interest.
(6) Demand, receive, or obtain by action or proceeding money or other things of value to which the principal is, may become, or may claim to be entitled to as the proceeds of an interest in real property or of one (1) or more transactions under this section, conserve, invest, disburse, or use any proceeds received for purposes authorized under this section, and reimburse the attorney in fact for expenditures properly made by the attorney in fact.
(7) Participate in a reorganization with respect to real property, receive and hold shares of stocks or instruments of similar character received under a plan of reorganization, and act with respect to the shares, including the power to do the following:
(A) Sell or otherwise dispose of the shares.
(B) Exercise or sell options.
(C) Convert the shares.
(D) Vote on the shares in person or by the granting of a proxy.
(8) Agree and contract in any manner and on any terms with a person for the accomplishment of any purpose under this section and perform, rescind, reform, release, or modify an agreement or a contract made by or on behalf of the principal.
(9) Execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check, or other instrument that the attorney in fact considers useful for the accomplishment of a purpose under this section.
(10) Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in favor of or against the principal based on or involving a real property transaction, and intervene in an action or proceeding relating to a claim.
(11) Hire, discharge, and compensate an attorney, accountant, expert witness, or other assistant when the attorney in fact considers the action to be desirable for the proper execution of a power under this section or for the keeping of necessary records.
(12) Perform acts relating to land use and zoning concerning property in which the principal has an ownership interest.
(13) Perform any other act with respect to an estate or interest in property.
(b) The powers described in this section are exercisable equally with respect to an interest in an estate or real property owned by the principal at the time of the giving of the power of attorney or acquired after that time, whether located in Indiana or in another jurisdiction.
As added by P.L.149-1991, SEC.2.

Recording requirements
Any document being recorded must include:
* Documents must be notarized. IC 32-21-2-3
* Documents executed or acknowledged in Indiana must include a statement that includes:
o "I affirm under penalties of perjury, that I have taken reasonable care to redact each social security number in this document unless required by law. This instrument is prepared by (printed name of individual)". IC 36-2-11-15
* The names of all those signing or serving as a witness on the document must be identical throughout the document and must be printed or typewritten under each signature. IC 36-2-11-16
* Legible content that can be easily reproduced and/or copied. IC 36-2-11-16
* A 2-inch top and bottom margin on the first and last pages for the recording stamp. If there is no room for stamps, an extra page will be added. IC 36-2-11-16.5
These requirements are dictated by Indiana Code and are not intended to be an exclusive list.

(Indiana Limited POA Package includes form, guidelines, and completed example)

Important: Your property must be located in Elkhart County to use these forms. Documents should be recorded at the office below.

This Limited Power of Attorney for Real Property meets all recording requirements specific to Elkhart County.

Our Promise

The documents you receive here will meet, or exceed, the Elkhart County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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