Signing for someone with a Power of Attorney (POA) in a real estate transaction can be either a very simple thing, or a very complicated thing. What makes it one or the other is when the need for a POA comes up in a transaction.
Early is always better, and if any of the parties of a transaction will be using a POA, let your settlement services provider know right away.
The best POA to use is the one we can produce at no charge; a Specific POA that will work for the purposes of the specific closing at hand. That way, we won’t run in to some of the common problems we have with other POA.
If you already have a POA that you think will work for a real estate closing, we would need to see it as early on in the process as possible. Regardless of who produced it and when, even a General (Durable) POA or a military POA may not have the correct wording or structure to pass underwriting.
We will also need to have the original copy of the POA. If an original does not exist, then the best path is to let us produce a Specific POA for you.
In addition to the above, there are other requirements for a POA to be usable. For the full description, google Florida Statues 709.2105 and 709.2106, but here are the highlights:
‐ The agent must be 18 years of age or older, or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.
‐ POA must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary.
‐ A POA executed on or after October 1, 2011 must comply with 709.2105.
‐ A POA executed before October 1, 2011, is valid if complied with the law of this state at the time of execution, and other requirements referenced in the statute.
There is a way a POA executed in another state which does not comply with the execution requirements to be valid, but it is complicated and would need to be run by underwriting.
In summary, the path of least resistance is if a POA is required, let us prepare the no charge Specific POA at the very start.