January 31, 2012

Power of attorney.

Practice point: If a signature on a power of attorney is forged, any document executed by the purported attorney-in-fact pursuant to the power of attorney is void.

Student note:If a document purportedly conveying a property interest is void, it conveys nothing, and a subsequent bona fide purchaser or bona fide encumbrancer for value receives nothing.

Case: ABN AMRO Mtge. Group, Inc. v. Stephens, NY Slip Op 00477 (2d Dept. 2012).


Tomorrow’s issue: Assumption of the risk.