Affidavit of Validity of Power of Attorney
An affidavit is a sworn statement of a person who is taking a legal step and he has to make sign this statement by taking the oath or by affirmation (i.e. presenting in front of the notary public department). When we talk about the affidavit of validity of the power of attorney, it’s a sworn statement of the owner-in-fact who has transferred the rights of a property or any other thing to someone else and now he is signing the affidavit in order to make that transfer legal and authenticated.
Brief Description of the Affidavit of Validity of Power of Attorney:
You can understand the affidavit of validity of power of attorney by supposing that you have transferred the rights of your property to your realtor and now he has the legal rights on the property and he can sale or lease the property without your presence or consent. In order to make that power of attorney legal and authenticated, the new owner has to present a legal document in the court that shows that the original owner of the property has transferred the rights and signed the power of attorney with his consent and he made this decision intentionally. In order to do so, the original owner or owner-in-fact is required to sign this affidavit in front of the notary public clerk in the local notary department by either swearing that he is making this decision with his consent or just by presenting in front of the notary public clerk and signing the affidavit.
Essential Elements to include in the Affidavit of Validity of Power of Attorney:
- Name of the owner-in-fact (the person who is the original owner of the property)
- Name of the person who will be the new owner
- Reference number of the power of attorney
- Details of the power of attorney with legal rights and ownership of the new owner
- Validation of the power of attorney (i.e. 3 months or 5 years etc)
- Date when the power of attorney was made and signed
- Written statement of the owner-in-fact about swearing that he is signing the affidavit with his consent
- Signature of the notary public officer/clerk who was present at the time the owner-in-fact signed the affidavit
- Date when the affidavit is signed with its reference number for record purposes
Importance and uses of the Affidavit of Validity of Power of Attorney:
This document is also very important in case the owner-in-fact is ill or supposed to die in a certain period of time and after his death, the power of attorney can be presented as illegal document so with the affidavit, the owner-in-fact states that he is alive while making this power of attorney and he is transferring the rights of that property or any other thing to someone else. When we talk about the uses of this affidavit, it is very common these days especially with the transfer of ownership of the real estate property for selling and leasing purposes. Property owners sign the power of attorney and affidavit in order to authorize their realtor to sale or lease the property in their absence.
Here is preview of a Free Sample Affidavit of Validity of Power of Attorney Form in Fillable PDF format,
Here is download link for this Affidavit of Validity of Power of Attorney,
Download Affidavit of Validity of Power of Attorney
Related Fillable PDF Forms
- Affidavit Form for Publication of Certificate Fictitious or Assumed Name When a person or number of partners wants to start a new business under assumed or fictitious name, they are required to register the company in the local or federal trading department depending on the rules and regulations of each state and country. When the department accepts the […]
- Affidavit Form for Mailing of Notice of Annual Meeting When there is an annual shareholder meeting coming up in an organization, a specific employee also known as the secretary is asked to send the formal invitations of the meeting to all the shareholders in the company so that they can attend the meeting. When the secretary sends the […]
- Bulk Sales Affidavit Form Bulk sales affidavit is very similar to the bill of sale form and they serve the same key purpose but still there is some difference in there. A bill of sale form is used for selling and buying common items i.e. vehicles, property, merchandizes and other items but the bulk sale affidavit […]
- Release and Waiver of Option Rights Affidavit A legal document that indicates towards the real or in fact owner of shares and stock options is known as the option rights affidavit. It is possible that even if you own the share and stock options, the legal rights of selling and trading of these options are owned by another person who […]
- Corporate Acknowledgement Affidavit When a person or group of people wants to register a new corporation in the local trading department under real or fictitious or assumed name, they are asked to provide articles of corporation and the names of the owners, directors, partners and shareholders in the company. These […]
- Individual Acknowledgement Affidavit An affidavit is kind of an oath or a sworn statement which is signed by an individual indicating that he is signing the statement without any pressure or force from someone else and he is going to accept all the responsibilities and consequences after signing the statement.
What is […]
- Real Estate Purchase Offer Form Trading the real estate property is a lengthy process but in all cases, it includes the most important element which is the offer that a buyer makes on the property. There are two scenarios in order to sell or purchase a real estate property including the need of selling from the owner […]
- Open Listing Realty Agreement When an owner of a real estate property wants to sell it, he invites multiple realtors to find potential buyers and along with that, the owner also meets with buyers and shows them the property. In this situation, the owner isn’t required to pay to any realtor unless one brings a buyer […]
- Special Release Affidavit An affidavit is a written statement in which a person swears that he is signing the document without any force and the key purpose of signing this document is to prove and legalize the statement included in the affidavit. For example, a company wants its supplier to sign an affidavit […]
- Creditor’s Affidavit Form A creditor is a person who lends or gives some money or anything else to someone for a specific period of time and requires the money or that borrowed item within the mentioned period of time in the loan agreement. For example, you borrow some money from your friend for personal reasons […]