Dictionary of Law

attorney-in-fact :: legal definition

Attorney-in-fact - n. someone specifically named by another through a written "power of attorney" to act for that person in the conduct of the appointer's business. In a "general power of attorney" the attorney-in-fact can conduct all business or sign any document, and in a "special power of attorney" he/she can only sign documents or act in relation to special identified matters. Too often people sign themselves as attorney-in-fact for relatives or associates without any power of attorney. If someone claims to be able to sign for another, a demand to see the written power of attorney is reasonable and necessary. In real estate matters the power of attorney must be formally acknowledged before a notary public so that it can be recorded along with the real estate deed, deed of trust, mortgage, or other document.

See also: power of attorney and Related Law Terms ↓

Related Law Terms

abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
joint powers agreement :: n. a contract between a city, a county and/or a sp ... istrict or other government entity.
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
land :: n. real property, real estate (and all that grows ... See also: real estate real property
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging.
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade
will :: n. a written document which leaves the estate of t ... will and testament probate testator
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will

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Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien