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I have power of attorney for my husband (dementia patient). Where do I register / record this to refinance mortgage?

Lake Mary, FL |
Filed under: Estate planning

I was not told by my attorney that recording / registering the document was needed but mortgage company insurer is looking for this. For all other transactions I simply sign needed documents and supply copy of power of attorney forms. Thank You for your advice.

Attorney Answers 4

Posted

You should record a copy of the power in the county clerk's office of the county in which your property being refinanced is located, as it will be necessary to do this in any event in order to refinance the premises, and obtain one or more certified copies from the county clerk to give to other parties who may require proof of your authority.

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Posted

It is necessary to record the original power of attorney in the county where the property you are refinancing is located. This is so because otherwise a title examiner would not know such a power of attorney existed when the title was examined to determine whether or not you had appropriate authority to execute a mortgage which would bind the person who gave you that power of attorney. The clerk of the court will not record a copy because the Florida statutes do not permit copies to be recorded unless they are certified copies of official public records, or otherwise meet the requirements of the "recording statute" that must be satisfied before the clerk permits something to be recorded. You will eventually get the power of attorney original BACK from the clerk once they have recorded it, so you will not "lose" it permanently by having it recorded by the clerk's office onto the public records.

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Posted

I agree with the prior attorneys. You should proceed to record the “original” power of attorney in the county where the property you are refinancing is located, so that the title examiner can locate it during his or her title examination. The “original” power of attorney will be returned to you once it is recorded in the Official Records.

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Disclaimer: Please note that the above is not intended as legal advice, but is intended for educational purposes only. No attorney-client relationship is created, or is intended to be created, hereby. Do not act or rely upon the information in this communication without seeking the advice of an attorney. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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Posted

Recording the power is usually done as part of the mortgage transaction process itself. It is not normally done independently. (Although it could be). In other words, the lender, who is going to record the mortgage refinance documents also requires the original power to record with them. Lenders and title insurers usually want to see the original, anyway. Be careful though to have the recording clerk return the document to you or your attorney, not to the lender. You may lose it.

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