Does a Power of Attorney Need to Be Recorded for a Florida Real Estate Closing?

Yes. Under Florida law, a power of attorney used in a real estate closing must be recorded in the public records of the county where the property is located.

This post is for general informational purposes only and does not constitute legal advice.

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The Recording Requirement

Florida Statute 709.2119 requires that a power of attorney used to convey or encumber real property be recorded in the county where the property is located. The recording must occur before or simultaneously with the recording of the deed or mortgage that is executed under the power of attorney.

What this means in practice: The title company will record the power of attorney in the county property records at the same time it records the deed. The recording fee is typically $10 for the first page plus $8.50 for each additional page.

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Requirements for Recording

For a power of attorney to be recorded in Florida, it must:

• Be in writing
• Be signed by the principal (the person granting the authority)
• Be witnessed by two adult witnesses
• Be notarized (acknowledged before a notary public)

A power of attorney that does not meet these requirements cannot be recorded and cannot be used in a Florida real estate closing.

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What the Title Company Reviews

The title company will review the power of attorney to confirm:

• It was properly executed (signed, witnessed, and notarized)
• It grants the authority to buy, sell, or mortgage real property
• It is still in effect (not revoked or expired)
• The principal was competent when it was signed

The title company may require an affidavit from the attorney-in-fact confirming that the power of attorney is still in effect and that the principal is still living.

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FAQ

Can I use a power of attorney from another state for a Florida closing?

Yes, if it was properly executed under the laws of the state where it was signed and meets Florida's requirements for recording. The title company will review it carefully.

Does the original power of attorney need to be submitted?

Yes. The title company typically requires the original power of attorney for recording. A copy is not sufficient.

What if the power of attorney was signed electronically?

See our post on whether a power of attorney can be signed electronically for a Florida closing.

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Using a power of attorney for your Emerald Coast closing? I can help you coordinate with the title company to ensure everything is in order.

— Kinsey Haddock P.A., Broker Associate | Coldwell Banker Realty — Panhandle | License #BK3253849