Bulletin: NY000351

Date:
April 28, 2008
To:
All New York State Office Counsel, Managers and Agents
RE:
Recording a Power of Attorney in Westchester County

Kindly be advised that as a result of a meeting between the NYS Land Title Association and the Westchester County Clerk, the new power of attorney requirements which were to become effective April 8, 2008 will now become effective May 15, 2008. By way of reminder the rules are set forth below.

All conveyance documents that reference a Power of Attorney, or are signed and executed by a signature under Power of Attorney, whether individually or by an attorney-in-fact for a corporate entity, must comply with the following in order for a conveyance to be accepted for recording:

  1. For both individual and corporate executed documents, a Power of Attorney must be of prior record, or submitted simultaneously therein, with the conveyance tendered for recording.

  2. For a conveyance submitted for recording with reference to a prior filing of a Power of Attorney, the conveyance must contain reference to the Liber and Page or Control Number and filing date of the Power of Attorney.

  3. For conveyances submitted for recording with reference to a prior filing of a Power of Attorney not filed in the Westchester County Land Records Division, the conveyance must be accompanied by a certified copy of the prior recorded Power of Attorney from the county in which the Power of Attorney was recorded.

Please be advised that this directive was forwarded to the NYS Land Title Association from the Westchester County Clerk on Friday, April 4, 2008. If you have any questions please feel free to contact Stewart Title Insurance Company Agency Legal Services. Thank you.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.