Power of Attorneys

Powers of Attorney

Florida Uniform Title Standards govern how title agencies and their Underwriters assess marketable title. Too often when we are provided with a Power of Attorney for a real estate transaction, it has broad, general language and does not contain the specific powers needed to insure the type of transaction.

A gives to B a power of attorney authorizing B “to generally act for me and in my name, place and stead, in any state and in relation to all matters, to do any and all things and to execute any and all instruments which I might or could do if personally present.” Does B have the authority to convey land owned by A? No.

If a Power of Attorney is necessary to accomplish a real estate transaction, the document must reflect the powers being conveyed such as the authority to sell, convey or mortgage.

Note: No legal advice or suggestion is being given. Present a copy of the Power of Attorney for underwriting review as early as possible. The above is an excerpt only from the Florida Uniform Title Standards.

 

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