QUESTION
Is the power of attorney not allowed to sign the warrant deed?
Asked on Jun 15th, 2012 on Estate Planning - Florida
More details to this question:
I have a contract on my home in Florida. I had a POA done to allow my friend to enter into a contract for sale, transfer, and conveyance for my property. I am currently out of town and the Title company's attorney is saying that the POA will not allow my friend to sign the warranty deed. I had this POA done so she can handle everything for me so why is the POA invalid for her signature on the deed. As far as I know, its a legal and authentic document and as the seller I have the right to allow my friend too handle my transaction in its entirely. Is there something I missed or is the title company just giving me a hard time.
1 ANSWER
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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A deed executed pursuant to a power of attorney is valid. However, that is not to say that an underwriters guidelines permit it, meaning that if the buyer wants to get title insurance and the title company will not write a policy without a signed deed from the buyer, it puts you in a pickle. Rather than fight city hall, have someone e/mail of fax the deed to you and you can have it notarized and overnight it back
Answered on Jun 25th, 2012 at 6:10 PM