Posted by Carolyn Breckenridge on 5/25/12 4:09pm
Msg #421871

POA Question

Power of attorney executed in New Jersey and being filed in Florida, does this require two witnesses?

Reply by Paul2_FL on 5/25/12 5:32pm
Msg #421874

Hi Carolyn,

This chart should answer your question plus give you an aid for future reference.

http://www.medlawplus.com/library/legal/durablepowerofattorney3.htm

Reply by Karla/OR on 5/25/12 6:25pm
Msg #421878

Thanks Paul~ page one had a good review of POA, health and financial, too!

Reply by Carolyn Breckenridge on 5/25/12 7:17pm
Msg #421881

Thank you and I will keep this for future reference. But, that isn't my question. I wanted to know if a POA executed in New Jersey (for the purpose of refinancing a Florida property) is a valid POA with no witnesses for Florida? It is in New Jersey, but in Florida it requires two witnesses.

Reply by NJDiva on 5/25/12 7:36pm
Msg #421884

I'm no attorney, but why would a POA be revised if it's

already an executed document? A POA is a POA. Just thinking outside the box.

Besides, if this is for a title company, that's their realm/problem. It doesn't concern us I don't think.

Don't know your circumstances though, so just sayin what makes sense to my little bit of knowledge...lol

Reply by Carolyn Breckenridge on 5/25/12 7:47pm
Msg #421886

Re: I'm no attorney, but why would a POA be revised if it's

No, it doesn't concern us. I just put the question out there.

Reply by Linda_H/FL on 5/25/12 7:56pm
Msg #421888

It's probably going to be recorded just prior to the

recording of the mortgage...if it doesn't meet the statutory requirements it will be rejected and, therefore, so will the recording of the mortgage.

You're right though..it's not our call..but as good customer service I would point the statute out to the title company and put the bug in their ear that their POA with no witnesses may not fly. They may appreciate it.

Reply by Carolyn Breckenridge on 5/25/12 9:00pm
Msg #421892

Re: It's probably going to be recorded just prior to the

I sent you a PM.

Reply by ikando on 5/26/12 5:15pm
Msg #421974

Re: It's probably going to be recorded just prior to the

I wasn't aware POAs were recorded. I thought they were instruments to allow an entity to be represented. In my understanding, the POA is to facilitate the transactions, and therefore whatever form is acceptable in the state where it was executed, is all that need be applied.

Not a lawyer, but that's my experience.

Reply by Linda_H/FL on 5/26/12 5:39pm
Msg #421978

When a POA is used for a real estate transaction

many times it's recorded just prior to the security instrument or conveyance instrument being recorded.

Reply by BrotherOwner on 5/25/12 10:26pm
Msg #421896

Re: CAVEAT!!!

The best use of this chart is the state CITE info. NOTE in the lower left of this "chart", it was compiled SOMETIME in 2003. Things change. Thanks tho, Pau2l

Reply by Paul2_FL on 5/26/12 7:36am
Msg #421906

Re: CAVEAT!!!

Good point BrotherOwner!
If anyone knows if their State Statue has changed regarding POA witness requirements since 2003 please inform this forum so we can all update accordingly.

Reply by Carolyn Breckenridge on 5/26/12 8:16am
Msg #421908

Re: CAVEAT!!!

This is the answer. The article was written by an attorney and was published April, 2012.

"The standard for the POA executed in another state is, however, modified by Florida’s homestead law. It provides that whenever a Power of Attorney is used with a deed or mortgage of Florida homestead property, the Power of Attorney must also be executed with the same formalities as a deed – i.e. two witnesses. As a result, even if the out-of-state legal opinion provides that the POA is valid under its laws, if the property is Florida homestead and the POA does not include the requisite witnesses, then we will not be able to rely upon the out-of-state POA. Note that this analysis has also been confirmed by Florida’s title insurance underwriters."

http://www.hg.org/article.asp?id=26471

Reply by ikando on 5/26/12 5:16pm
Msg #421975

Re: CAVEAT!!!

Didn't read this before my previous post. I guess the attorney should know what's needed in his state.