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linav88 · Joined: 12 Sep 2004 Posts: 5

Do you need a lawyer to get a power of attorney in Florida for a real estate issue (refinancing when spouse is out of the state)? Is it enough to copy of the forms out of a legal forms book and get it notarized?

sortaclarksville · Joined: 19 Sep 2004 Posts: 5

Yes, you will need a PofA. However, he will have to be the one to get it done because he will have to sign it in front of a notary. You do not have to be present for that. He can just send it to you if he is already out of state. And, yes, he can use a generic form. I did this on a closing with me ex-husband. I handwrote it, he signed it in front of a neighbor who was a notary, and two more neighbors witnessed it. There was no problem with it and it was all done while standing around in the back yard.

YourPropertyPath5488 · Joined: 27 Sep 2004 Posts: 4

I have tried the corms from the legal book and my experience was that most institutions would require more than that. If I were to do it again, I would go for something universally excepted and use a properly prepared legal document.

MIKEM · Joined: 04 Oct 2004 Posts: 3

Rarely is a lawyer truly required. However, they do sometimes have expertise that is needed.A PofA is not one of them, but an attorney involved does show that both parties are on the up and up if a disagreement should arise which could be important in court, especially if fraud is suggested.In some cases, depending on what you are doing with regard to real estate, the lender may refuse to recognize the PofA. Just because you have PofA doesn't mean that someone is obligated to recognize it, they can still require your spouse's signature on documents.FL has real estate laws that show that spouses MUST sign certain documents, in the presence of a notary, to prove that they are aware that the mortgage change ... or other things ... are taking place, even if the mortgage is not in their name at all.Check the requirements of the individual lending institution. If they don't get it right, it could cloud the title or the institution could be breaking Florida law and be held accountable during litigation.

greeneyedblond31558 · Joined: 11 Oct 2004 Posts: 4

You will need a Specific/Limited Power of attorney for use in Florida. It must be specific to the property and it must show the legal description.Title companies and lenders are extremely picky about which from will be accepted. A General POA is typically not accepted nor are the forms the Military supplies (these are too broad and all do not contain the correct verbage)If you are already in the process of the refinance contact the title company you are using and ask them to supply you with a POA specific to your property.If you have not started yet, call a local title company, with a promise of business, one may even supply you with the correct form at no charge.FYI - POA in Florida must contain the following:1. 2- Witnesses2. Notary3. Correct spacing on page for the county to record.If all else fails...go to http://www.duvalclerk.com/oncoreweb/Search.aspx and search Book 13920 page 414. I looked this one over, it has all of the correct verbage needed. Copy this one EXACTLY including the format. Change your names and add your address and legal description. I looked it over, its drawn on a popular program used by title companies and is accepted by most lenders and title companiesAlso, Let the lender know immediatly that you will be using a POA, provide a copy to the title and the lender for them to approve. Do this upfront so if issues arise you will have time to correct.