Category: Real Estate Closings

Once you purchase a home, the title company or attorney that closed the transaction will record your deed in the public record of the county where the property is located. After recording the deed, the title company or attorney will send you your original deed by mail. You should keep the original deed in a…

If you have a Florida power of attorney (“POA”) and you are wondering when it terminates, Florida Statute 709.2109 covers the circumstances that would terminate a POA: • You die.• You become incapacitated and the POA is not durable.• You are declared totally or partially incapacitated by a court, unless the court determines that certain…

A Florida Power of Attorney (“POA”) enables you (the “Principal”) to appoint someone (your “Agent”) to act on your behalf. POAs can grant your Agent broad authority to act on your behalf, but there are some actions that an Agent cannot do. Examples include: • Agent cannot transfer the POA to someone else.• Agent cannot…

It is possible for a third-party to refuse to honor your power of attorney (“POA”). For instance, if your attorney in fact tries to open a bank account on your behalf using a POA, the bank will review the POA and decide whether it gives your attorney in fact the power to open the bank…

A Florida Power of Attorney (“POA”) enables you (the “Principal”) to appoint someone (your “Agent”) to act on your behalf. When acting on your behalf, your Agent acts as your fiduciary and therefore has a legal duty to act in your best interest. As your fiduciary, your Agent has the following obligations: Authorized acts –…

Whether your power of attorney (“POA”) can be used to sell your real estate depends on many factors and is fact specific. At the very least, your POA will need to authorize your attorney-in-fact (your “Agent”) to convey real estate on your behalf. Your capacity, when the POA was signed, the legibility of your signature,…

Homeowner, condominium, and co-op associations are similar in that they all include multiple properties within one association and they are each governed by an association board. What follows are some important differences between them: Homeowner’s Associations – Usually include single-family homes/townhomes. Ownership – A deed is used to transfer the property. Owner owns the home…

In Florida, a municipal lien search is a standard search that is ordered by the closing agent in virtually every real estate transaction. Lien search is a bit of a misnomer because the lien search searches for more than just liens. Lien searches search for municipal liens, permit issues, code enforcement violations, outstanding city special…

A judgment lien can prevent you from selling your real property and may require you to pay off the judgment lien before or at the time of closing. But can a judgment lien against you affect your family’s real property? If you are not on the deed, then your judgment lien will not impact your…

When a seller is reviewing and signing their deed at closing, I am often asked some variation of the following questions: “What is this $10.00 in the deed?”“Do I have to pay $10.00 extra?”“Am I buying a house for $10.00?” The answer to the questions is no and I usually proceed to explain consideration and…