Power of Attorney
Florida Power of Attorney for a Florida Real Estate Transaction
What is a Power of Attorney? A Power of Attorney (“POA”) is a written document in which one person, known as the principal, appoints another person to act as an agent on his or her behalf, also known as their attorney in fact.
Will the 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 for that specific real estate transaction. A Power of Attorney can be useful to sign the CD, HUD, affidavits, mortgage, note and other closing documents when a principal such as the buyer or seller will not be available to attend the closing.
Please note many title companies and real estate attorneys do not accept a POA 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. Always make sure the lender and title company approve the Power of Attorney you intend to use in advance of closing.
A Florida Power of Attorney should contain the five specific elements as follows:
- Full name and address of Principal or person GIVING the Power
- Full name and address of the Attorney in Fact or person RECEIVING the Power
- The document must contain the verified 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”
Don’t risk the closing by cutting corners on the POA. Order a professionally prepared Florida Power of Attorney from us. Two business days turnaround for only $75.
Three things anyone considering using a Power of Attorney on a real estate transaction should know:
- Most POAs are prepared incorrectly and not suitable for closing unless they were prepared by the title company or real estate attorney handling the actual closing.
- Most title companies and real estate attorneys will not accept a power of attorney for the signing of any deed by a seller unless very specific circumstances apply such as military combat due, etc. The criteria in Florida are very stringent for valid POA deed signings and most companies won’t take the risk.
- Most banks do not allow a Power of Attorney signing on a loan document. If they do allow this, the Power of Attorney will have to be approved by lender’s legal counsel far in advance of closing.
By planning ahead and having a professionally prepared Florida Power of Attorney form prepared, you can ensure a smooth closing.