Montgomery County Ohio Limited Power of Attorney for Real Property Form (Ohio)

The following Ohio and Montgomery County supplemental forms are included as a courtesy with your order:

When using these Ohio Limited Power of Attorney for Real Property forms, the subject real estate must be physically located in Montgomery County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Montgomery County include:

• Brookville
• Clayton
• Dayton
• Englewood
• Farmersville
• Germantown
• Miamisburg
• New Lebanon
• Phillipsburg
• Vandalia

This is a LIMITED power of attorney for real property. What is a limited power of attorney? A "limited power of attorney" gives the agent authority to conduct a specific act. For example, a person might use a limited power of attorney to sell and/or purchase a home in another state by delegating authority to another person to handle the transaction locally. Such a power could be "limited" to selling and/or purchasing a home/property or to other specified acts. This form includes a "Special Instructions" section where the principal can further define or limit the Agent's powers.

When the Agent is authorized to transfer interest in real property by (a power of attorney), it (shall be signed, acknowledged, and certified as provided in section 5301.01 of the Revised Code.) (1337.01)

(No deed executed by a person acting for another, under a power of attorney, acknowledged, and recorded, is invalid or defective because he, instead of his principal, is named in such deed as such attorney as grantor; nor because his name, as such attorney, is subscribed to such deed, instead of the name of his principal; nor because the certificate of acknowledgment, instead of setting forth that the deed was acknowledged by the principal, by his attorney, sets forth that it was acknowledged by the person who executed it, as such attorney. All such deeds shall be as valid and effectual, in all respects, within the authority conferred by such powers of attorney, as if they had been executed by the principals of such attorneys, in person.) (1337.03)

(A power of attorney for the conveyance, mortgage, or lease of an interest in real property must be recorded in the office of the county recorder of the county in which such property is situated, previous to the recording of a deed, mortgage, or lease by virtue of such power of attorney.) (1337.04)

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

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The documents you receive here will meet, or exceed, the Montgomery 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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