Detroit, MI asked in Estate Planning and Business Formation for Michigan

Q: Register of Deeds office denied recording my Power of Authority without reason in Lapeer county.

The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness.

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: What exactly is a 'power of authority'? (Did you mean Power of Attorney?) What was the ostensible purpose of this document? Did this relate to real estate in Lapeer County? Was the real estate identified or was this attached to other documents?

As you can see, there are many questions unanswered that will impact this situation.

I would strongly urge you to bring the documents and any explanation you may have received from the Register of Deeds to a local licensed attorney to review. There may be a reason, and it may be that the document should NOT be recorded ... but without details it is impossible to say. And again, there is no such thing 'legally' as a 'power of authority' ... where did this form come from? Perhaps that is the issue!

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