Can I Use a Military Power of Attorney for a Florida Real Estate Closing?
Yes — a military power of attorney is valid for Florida real estate closings, but it has specific requirements and the title company will scrutinize it carefully. Here is what military buyers and sellers need to know.
Can I Use a Military Power of Attorney for a Florida Real Estate Closing?
Yes — a military power of attorney (MPOA) is valid for Florida real estate closings. Federal law (10 U.S.C. § 1044b) provides that a military power of attorney is valid notwithstanding any requirement of state law that the document be witnessed or notarized in a specific manner.
This post is for general informational purposes only and does not constitute legal advice.
What Is a Military Power of Attorney?
A military power of attorney is a power of attorney executed by a service member (or their spouse or dependent) that is notarized by a military notary (a Judge Advocate or other authorized military officer). It is authorized under the Military Power of Attorney Act (10 U.S.C. § 1044b).
Federal Preemption of State Requirements
Florida requires powers of attorney to be witnessed by two adult witnesses and notarized. A military POA notarized by a military notary may not have civilian witnesses. Federal law preempts Florida's witnessing requirement for military POAs — the document is valid even without civilian witnesses.
What the Title Company Requires
The title company will review the military POA carefully. They will typically require:
- The original military POA (not a copy)
- Confirmation that the POA was executed by an authorized military notary
- Confirmation that the POA grants authority for real estate transactions
- An affidavit from the attorney-in-fact confirming the POA is still in effect
Tips for Military Buyers and Sellers
Submit the POA early. Give the title company at least 2 weeks to review the document. Some title companies are less familiar with military POAs and may need additional time.
Confirm the scope. Make sure the military POA specifically grants authority for real estate transactions (buying, selling, or mortgaging real property).
Use a broad POA. A general military POA that covers all financial and legal matters is less likely to raise scope questions than a limited POA.
Consult a JAG attorney. If you are a service member, your installation's Judge Advocate General (JAG) office can help you execute a proper military POA.
FAQ
Does a military POA need to be recorded in Florida?
Yes. Like any POA used in a Florida real estate closing, a military POA must be recorded in the county where the property is located.
Can a military POA be used for a condo purchase?
Yes, subject to the same requirements as any other real estate transaction.
What if the title company is not comfortable with the military POA?
If the title company has concerns, the service member may need to appear in person or execute a new POA with civilian witnesses and notarization.
Military buyer or seller on the Emerald Coast? I have experience working with military families and can help coordinate the POA process with the title company.
— Kinsey Haddock P.A., Broker Associate | Coldwell Banker Realty — Panhandle | License #BK3253849
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Written by
Kinsey Haddock P.A.Kinsey Haddock P.A. is a Broker Associate and REALTOR® with Coldwell Banker Realty, specializing in coastal real estate across the entire Florida Panhandle — from St. George Island and the Forgotten Coast to Panama City Beach, Scenic Highway 30A, and Destin.