§ 523.17 — Affidavit of Attorney-in-fact as Conclusive Proof of Nontermination and Nonrevocation in Real Property Transactions
Plain-Language Summary
Provides a specific affidavit form for real property transactions, allowing the attorney-in-fact to swear that the power of attorney has not been terminated or revoked.
523.17 AFFIDAVIT OF ATTORNEY-IN-FACT AS CONCLUSIVE PROOF OF NONTERMINATION AND NONREVOCATION IN REAL PROPERTY TRANSACTIONS.
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Subdivision 1.Form of affidavit.
An affidavit of nontermination or nonrevocation in support of a real property transaction may be substantially in the following form:
AFFIDAVIT BY ATTORNEY IN FACT
| STATE OF MINNESOTA | ) | |
|---|---|---|
| ) ss. | ||
| COUNTY OF | ) |
……………………….., being first duly sworn on oath says that:
- Affiant is the Attorney-in-Fact (or agent) named in that certain Power of Attorney dated ……………., …………, and filed for record ……………., …………, as Document No. ………… (or in Book …………… of ………… Page …………), in the Office of the (County Recorder) (Registrar of Titles) of ………………… County, Minnesota, executed by ……………………………………….. as Grantor and Principal, relating to real property in ……………………. County, Minnesota, legally described as follows:
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(If more space is needed, continue on back or on an attachment.)
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Affiant does not have actual knowledge and has not received actual notice of the revocation or termination of the Power of Attorney by Grantor’s death, incapacity, incompetence, or otherwise, or notice of any facts indicating the same.
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Affiant has examined the legal description(s) if any, attached to said Power of Attorney, and certifies that the description(s) has (have) not been changed, replaced, or amended subsequent to the signing of said Power of Attorney by the Principal.
| . | ||
|---|---|---|
| , Affiant | ||
| Subscribed and sworn to before me | ||
| this ………………….. day of ……………. , ……….. | ||
| . | ||
| Notary Stamp or Seal | Signature of Notary Public or | |
| Other Official | ||
| This instrument was drafted by: | ||
| . | ||
| . | ||
| . |
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Subd. 2.Effect.
An affidavit by the attorney-in-fact under subdivision 1 is conclusive proof that the power of attorney has not terminated or been revoked, and that the powers granted extended to the property described in the power of attorney or any attachment to it, as of the time of the exercise of the power, as to any party relying on the affidavit except any party dealing directly with the attorney-in-fact who has actual knowledge that the power of attorney had terminated prior to the exercise of the power or actual notice of the revocation of the power of attorney or actual knowledge that the powers do not extend to the real property legally described in the power of attorney, including any attachment. §
Subd. 3.Real property transactions on behalf of entities.
When the principal under a power of attorney in a real property transaction is a corporation, partnership, limited liability company, or trust, the provisions of section 507.24, subdivision 2, 508.48, or 508A.48, as appropriate, and of section 523.18 shall apply, and an affidavit under this section shall not be required.
History:
1984 c 603 s 19; 1992 c 548 s 16; 1998 c 254 art 1 s 107; 2009 c 30 art 3 s 4
History: History: 1984 c 603 s 19; 1992 c 548 s 16; 1998 c 254 art 1 s 107; 2009 c 30 art 3 s 4