Using a Florida Power of Attorney for a smooth closing with absentee buyer or seller
Will you or your seller or buyer be out of town for their closing? Real estate transactions for both buyers and sellers who will be absent for the actual closing can often be handled using a properly prepared Power of Attorney. Check out our short video on what a properly prepared Power of Attorney should contain and how you can plan for a smooth closing when buyers and sellers are out of town.
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What is a Power of Attorney? A Power of Attorney is a written document in which one person ,the principal, appoints another person to act as an agent on his or her behalf, also known as their attorney in fact.
A Power of Attorney can be useful to sign the HUD1, affidavits, mortgages and other closing documents. Please note many title agents and real estate attorneys do NOT accept power of Attorney signatures for deeds, except under special circumstances. In addition, many lenders do not allow Power of Attorney signings for a mortgage to prevent the loan from being challenged at a later date.
Make sure your Power of Attorney contains the following information:
- Full name of Principal or person GIVING the Power
- Full name of the Attorney in Fact or person RECEIVING the Power
- The document must contain the legal description of the property
- The document must be witnessed by two persons and be notarized
- If the document is to be recorded in the public record in Florida, there must be a 2nd page attachment known as “Attorney in Fact Affidavit”
Always make sure the lender and title company approve the Power of Attorney you intend to use well in advance of closing.
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Here is a sample of incorrectly prepared POA
For more information on our professionally prepared Florida Power of Attorney forms, please contact email@example.com or 305-271-0100 or