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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9967
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I have questions about how to give limited power of

Customer Question

Hi - I have questions about how to give limited power of attorney. I live in Ecuador, but I need to give a limited power of attorney to a friend living in Florida, to sign a Deed-In-Lieu document on a house I own in Florida.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: The house I own is in Jacksonville, Florida. The friend I am giving power of attorney to sign for me lives in the Fort Lauderdale, Florida area.
JA: Has anything been filed or reported?
Customer: Not sure what you mean by filed or reported. The company that is handling my mortgage has approved the Deed-In-Lieu option, and their title company has the Deed-In-Lieu documents ready.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I will have to execute the power of attorney in Ecuador, where I live. I will go to the American Consulate in Guayaquil to have the power of attorney document notarized. Just need guidance concerning this process.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  legalgems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 8 months ago.

A limited power of attorney (POA) will be recognized in FL if it complies with FL law; in FL, a POA re; real estate is special.

May an agent sell the principal’s home?
Yes. If the Power of Attorney has been executed with the formalities of a deed and authorizes the sale of the principal’s homestead, the agent may sell it. If the principal is married, however, the agent must obtain the authorization of the spouse.

Here is the relevant statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0709/Sections/0709.2201.html

and the state bar analysis:

https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/ab36277c4562e98885256b2f006c5ad6!OpenDocument

sample template here

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.