Phelps County Quitclaim Deed (Individual Grantor by Attorney in Fact) Form

The person who signs this Nebraska quitclaim deed is not the owner named in it: record title stands in one individual, and an attorney in fact signs for that owner under a power of attorney: a grantor block for the principal, a block for the agent who signs, a section identifying the power of attorney, one signature line, and one certificate written for a signer acting in another name.

Where the signature gets its authority

Nothing in the Nebraska deed statutes lets an agent sign for an owner. That authority comes from the Nebraska Uniform Power of Attorney Act, Sections 30-4001 to 30-4045, and Section 30-4027 is the provision this deed rests on: unless the power of attorney provides otherwise, language granting general authority over real property authorizes the agent to sell, exchange, convey with or without covenants, quitclaim, release, and otherwise dispose of an interest in real property. The word quitclaim sits in the statute. Two limits ride alongside it: Section 30-4024(1) lists eight subjects an agent reaches only on an express grant, among them making a gift and creating or changing rights of survivorship, and Section 30-4010 ends the authority at the principal's death.

The section that pins the power of attorney

Section 3 asks for the date of the power of attorney and its recording reference where it is of record. Section 76-204 provides that a letter of attorney containing a power to convey lands, once proved or acknowledged, may be recorded in the county where the land sits, and that its record may be read in evidence with the effect of a recorded conveyance. Those entries let an examiner trace the authority behind a signature that does not match the record owner's name.

A homestead rule with an agent-shaped exception

Section 40-104 conditions a conveyance of the homestead of a married person on an instrument both spouses execute and acknowledge, read strictly in Mutual of Omaha Bank v. Watson. The same section carries an exception built for this signer: the interest of either or both spouses may be conveyed or encumbered by an attorney in fact appointed by and acting on behalf of either spouse under any power of attorney which grants the power to sell and convey real property. The guide sets that language out with its citations, and notes that no Nebraska decision construing the exception was located.

Quitclaim words, signed in a representative capacity

The conveyance section carries no blanks. The grantor, acting by and through the attorney in fact, remises, releases, and forever quitclaims all right, title, interest, claim, and demand in the described real estate, passing only what the grantor holds at delivery, without covenant or warranty; the agent signs in a representative capacity and warrants nothing individually. Section 76-209 keeps a quitclaim deed outside the after-acquired-title rule, so an interest reaching the grantor later stays there, and mortgages, easements, liens, and unpaid taxes ride through untouched.

The certificate Nebraska writes for an agent

Nebraska prescribes the certificate's wording: Section 64-206 supplies the statutory short forms, sufficient for their respective purposes, and subdivision (4) covers an individual acting as principal by an attorney in fact, reciting that the instrument was acknowledged before the officer by a named attorney in fact as attorney in fact on behalf of a named principal. The form prints that text, so the certificate carries both names. Under Section 30-4005 the power of attorney itself is not valid unless acknowledged before a notary public; it is prepared separately and is not included here.

Recording, and what the download contains

The deed records with the register of deeds where the land lies. Page one keeps three inches clear at the top for recording information, with the title and return address below it under Section 23-1510; Section 33-109 charges $10.00 for the first page and $6.00 per added page. Section 76-214 withholds recording until the grantee furnishes a Form 521 Real Estate Transfer Statement, and the grantor owes documentary stamp tax under Section 76-901 at $3.32 per $1,000 of value on a transfer made before 2032. The package holds the fillable deed, a completed Adams County example entering $571.04 of tax on $172,000, and a plain language guide covering every blank, the certificate, the estates a grantee may take, and the recording steps. Searches reach it as a power of attorney deed, a POA deed, a quit claim deed, or a quick claim deed; Nebraska records call it a quitclaim deed. These materials are informational, not legal advice.