Power of Attorney for Florida- Real Property

[jfitz Member Find all posts View Profile Close jfitz]

I would like to verify that you interpreted the quote correctly. You added "The document granting POA" and then you added the quote. Can you provide the entire paragraph you are quoting so I can see it?

The links to the applicable sections were in my first post in this thread. Title XL 709.8 (1) is the specific paragraph.

If the Florida statute says "The POA must be executed with the same formalities for the conveyance of real property by Florida law." Then, I submit that the POA is the act of exercising POA and not the document granting POA.

I would not agree with that interpretation since the applicable requirement is in the section dealing with creating a POA, not exercising one.

I want to know because I am working on a donation program and I want to make sure that the POA is legally and sufficiently prepared. Well, it doesn't matter now anyway since my attorney is recommending it.

Consulting with and following the advice of your attorney is always the best move since, ultimately, he or she is the one that will be defending you against any challenge.

[Dee Junior Member Find all posts View Profile Close Dee]

Timeshare sale

I am new to this site and trying to sell my timeshare. I was amazed to see a post from someone who actually sold TWO.
Would you mind sharing how you were able to do that? Did you use a re-sale company?
Dee

I am in the process of selling two timeshares, located in Florida, and have been informed by the closing company that my Power of Attorney from Illinois does not meet the Florida guidelines. Apparently, the POA document needs two witnesses and must include some other information. I tried to use google and find a document but was not successful. I dont want to pay an attorney for a new document unless I have too. Does anyone have a document that I can use?

Thanks in Advance for your help,
Snowman

[BocaBum99 Super Moderator Find all posts View Profile Close BocaBum99]

Dee,

why don't you tell us what you own. Maybe someone here can help you out.

[Dave H Member Find all posts View Profile Close Dave H]

Exactly. The POA must sign the documents for transfer of title exactly as if they were the owner. The deed needs to be signed, witnessed and notarized. And then actual or constructive notice (recording) needs to be given.

The document granting POA to the attorney-in-fact does NOT need to be witnessed.

Boca:

I own a title company in Florida, if the attorney in fact is signing a deed of any kind in Florida, the POA has to have the same formalities as the deed. It is required by law to be witnessed by 2 witnesses, 1 may be the notary and be notarized.

The original has to accompany the deed to the recording department and an Affidavit that the Attorney in Fact signs and has notorized that states the POA is still valid and they have not been removed as the attorney in fact.

A power of attorney must be executed with the same formality required by law for the instrument to be executed pursuant to the power. A power of attorney to convey Florida real property must be executed with the formality of a deed and conform to the requirements of Florida Statutes Sec. 689.01. Therefore, where a conveyance of real property is made under a power of attorney, the power must be signed by the grantor as principal in the presence of two subscribing witnesses and acknowledged before a notary public.

Generally, a mortgage need not be executed in the presence of two subscribing witnesses, unless the mortgage encumbers homestead property. However, under section 689.111 of the Florida Statutes requires that a power of attorney authorizing the attorney in fact to execute a mortgage upon the principal’s homestead be executed in the same manner as a deed. Therefore, it is advisable to have witnesses on any power of attorney to Florida real property.

[AttorneyCompany Junior Member Find all posts View Profile Close AttorneyCompany]

A Florida Durable Power of Attorney can achieve other objectives including limitations on the powers and discretion of the representative and granting special powers to implement asset preservation options in the event of long term care or the sale of real property. I am always asked what is the difference between a Durable Power of Attorney and of a traditional Power of Attorney. A Durable Power of Attorney survives incapacity. A traditional power of attorney is no longer valid upon incapacity of the Client.

Lastly, the legal requirements for a Florida Durable Power of Attorney to be valid is that it must be in writing, freely and knowingly executed, and executed in the presence of a two witnesses and notarized.

[Dave H Member Find all posts View Profile Close Dave H]

A Florida Durable Power of Attorney can achieve other objectives including limitations on the powers and discretion of the representative and granting special powers to implement asset preservation options in the event of long term care or the sale of real property. I am always asked what is the difference between a Durable Power of Attorney and of a traditional Power of Attorney. A Durable Power of Attorney survives incapacity. A traditional power of attorney is no longer valid upon incapacity of the Client.

Lastly, the legal requirements for a Florida Durable Power of Attorney to be valid is that it must be in writing, freely and knowingly executed, and executed in the presence of a two witnesses and notarized.

That is true, but for most timeshare resales and for that matter, residential resales, a limited power of attorney is used not a durable. The problem with the durable is that it also allows people to open up bank accounts, sign tax returns, etc.

That is not something I am going to grant for my agent to do. I would let them sign documents on my behalf, however, I want the money to deposit.

Regardless, any POA used to transfer real property in the State of Florida has to have the same requirements a Deed would have, 2 witnesses and a notary.

There is also specific language that is looked for like the signing, conveying, delivery etc of a deed.

The best bet is with any time share closing using a POA is to ask the closing agent if it will meet the requirements.