Legal Question in Real Estate Law in Florida

I have a conract on my home in Florida. I had a Power of Attorney done so my friend can enter into a contract for sale, transfer, and conveyeance for my property. I am currently out of town, why would the title compsny's lawyer refuse for her to sign the deed. They claim the POA will not allow her to sign and that I need to sign the deed. This is the reason why I did the POA because I wasn't going to be around. The document is legal and authentic so what's the problem. Did I miss something or are they just giving me a hard time.

Asked on 6/15/12, 11:23 am

1 Answer from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, P.A.

Does the power of attorney explicitly state a power to convey and transfer real property? Is it a durable power of attorney? Florida law regarding a durable power of attorney for real estate transactions is set forth in Title XL, Chapter 709.08 of the Florida Statutes. The power of attorney must be in writing and notarized and filed of record with the county clerk's office in every county where the agent will be conducting business on behalf of the principal. Only a natural person who is 18 years of age or older and of sound mind, or a financial institution with trust powers and which has a place of business within the state and is authorized to do business in Florida may serve as attorney-in-fact, except that a nonprofit or charitable organization which has qualified as a court-appointed guardian prior to January 1, 1996 and which also holds an IRS 501(c)(3) exemption may also be appointed.

If the power of attorney is properly executed and notarized, record it in the county where the property is located and have him bring a certified copy to the title company.

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Answered on 6/15/12, 12:02 pm

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