How Does the Title Company Review and Approve a Power of Attorney in Florida?
The title company must review and approve a power of attorney before it can be used in a Florida real estate closing. Here is what they look for and how to get approval without delays.
How Does the Title Company Review and Approve a Power of Attorney in Florida?
The title company must review and approve a power of attorney before it can be used in a Florida real estate closing. This review is thorough because powers of attorney are a common vehicle for real estate fraud.
What the Title Company Reviews
Proper execution. The title company confirms the power of attorney was properly signed, witnessed by two adult witnesses, and notarized. A defectively executed POA cannot be used.
Scope of authority. The POA must specifically grant the authority to buy, sell, or mortgage real property. A general POA may be sufficient, but the title company will confirm it covers real estate transactions.
Current validity. The title company confirms the POA is still in effect — not revoked, expired, or terminated by the principal's death or incapacity (for non-durable POAs).
Principal's competency. The title company may require evidence that the principal was competent when the POA was signed.
Identity of the attorney-in-fact. The title company will verify the identity of the person signing on behalf of the principal.
Documents the Title Company May Require
In addition to the original power of attorney, the title company may require:
Affidavit of attorney-in-fact: A sworn statement by the attorney-in-fact confirming that the POA is still in effect, has not been revoked, and that the principal is still living (for non-durable POAs).
Death certificate: If the principal has died and the POA was durable, the title company may require a death certificate to confirm the POA terminated at death (for transactions involving the estate).
Photo ID: Government-issued photo ID for the attorney-in-fact.
How to Get Approval Without Delays
Submit the POA early. Provide the original power of attorney to the title company at least 2 weeks before closing. This gives the title company time to review it and request any additional documentation.
Use a Florida-specific POA. A power of attorney drafted specifically for Florida real estate transactions is less likely to raise questions than a generic POA.
Consult a Florida real estate attorney. If you are using a POA for a Florida closing, have a Florida real estate attorney draft or review it before submitting it to the title company.
FAQ
How long does the title company's POA review take?
Typically 2–5 business days. Complex situations may take longer.
What if the title company rejects the POA?
If the title company determines the POA is defective or insufficient, the principal will need to execute a new POA or appear in person for the closing.
Can the title company refuse to close if they are not comfortable with the POA?
Yes. The title company has the right to refuse to insure a transaction if it is not comfortable with the power of attorney.
Using a power of attorney for your Emerald Coast closing? I can help you coordinate with the title company to ensure the document is approved well in advance.
— 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.