How to Sell Real Estate in Massachusetts Using a Power of Attorney

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Do you intend to sell or transfer real estate in Massachusetts using a power of attorney? If so, you must first record the original power of attorney at the registry of deeds in which the real estate is located. Next the attorney-in-fact must sign a sworn affidavit stating that, to the best of his or her knowledge, the power of attorney has not been revoked. The affidavit must also be record at the registry of deeds.

For more details see REBA Title Standard No. 34.

If you have questions regarding how to format a deed signed under power of attorney, see my article here and review Massachusetts Land Court Guideline No. 15.

Need legal help? Email justin@jrmccarthy.com

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