[FL] How do I sign a quitclaim deed on behalf of my wife if I have power of attorney for her?
My wife and I are on a deed for a rental property together in Florida. I have a POA for her and want to refinance the property. How do I set up the quitclaim deed as far as signatures go?
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Florida law mandates that POAs, especially those concerning real estate, meet strict standards (Florida Statutes 709.2105). Crucially, the POA must be executed with the same formalities as a deed—this means the principal’s signature, two witness signatures, and notarization. Also, the POA must explicitly grant the agent authority to conduct real estate transactions, including refinancing and executing deeds. When executing a quitclaim deed under a POA, you, as the agent, will sign on behalf of your wife in a representative capacity (Florida Statutes 689.111). The signature line should read: "[Wife’s Name] by [Your Name], her attorney-in-fact." You should also sign in your own capacity if necessary. Make sure to provide the lender with a copy of the POA to demonstrate your authority to act on her behalf.
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My wife and I are on a deed for a rental property together in Florida. I have a POA for her and want to refinance the property. How do I set up the quitclaim deed as far as signatures go?
Lexi, Chatbot
I understand you're looking to set up a quitclaim deed for a refinance on your rental property in Florida. Have you already prepared the quitclaim deed document?
Yes, but I’m not certain the format is correct.
Lexi, Chatbot
Are you looking to sign the quitclaim deed on behalf of your wife using the Power of Attorney (POA) you have for her?
Yes.
Lexi, Chatbot
Is there anything else the real estate lawyer should know before I connect you? Rest assured they'll be able to help with your quitclaim deed.
No.
Jon
Hello! I'm delighted that you've chosen to contact AskaLawyer for assistance. My name is Jon, and I'm here to assist you as an attorney. I understand that dealing with legal issues can be stressful and confusing. Don't worry—I'm here to help and hope to provide you with a solution to your problem. So you both own the property, you have POA for her, and you want to refinance and sign for her?
Yes.
Jon
Understood! I think I have all the information I need. Is there anything else you’d like to add before I get started on your answer?
No.
Jon
Florida law mandates that POAs, especially those concerning real estate, meet strict standards (Florida Statutes 709.2105). Crucially, the POA must be executed with the same formalities as a deed—this means the principal’s signature, two witness signatures, and notarization. Also, the POA must explicitly grant the agent authority to conduct real estate transactions, including refinancing and executing deeds. When executing a quitclaim deed under a POA, you, as the agent, will sign on behalf of your wife in a representative capacity (Florida Statutes 689.111). The signature line should read: "[Wife’s Name] by [Your Name], her attorney-in-fact." You should also sign in your own capacity if necessary. Make sure to provide the lender with a copy of the POA to demonstrate your authority to act on her behalf.
Thanks.
Jon
I do hope the information I provided was helpful and addressed your question. If there’s anything else you need, please don’t hesitate to reach out. Wishing you a fantastic day ahead!
Jon
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