What Is a Power of Attorney at a Mortgage Closing?

Short answer

A power of attorney (POA) is a signed document that lets another person, the agent, sign for you, including your mortgage and closing papers. In Florida it must be signed by you and two witnesses and acknowledged before a notary under F.S. 709.2105 (2026 statutes, as of November 2026), and the lender and title company must approve it before closing.

Definition

A written authorization in which a principal gives an agent (attorney-in-fact) legal power to act on the principal's behalf. In Florida, powers of attorney are governed by Chapter 709, Part II, the Florida Power of Attorney Act.

Worked example

Example only: a buyer in Colombia is purchasing a condo in Brickell and can't fly in for closing. Weeks earlier, the title company and lender review a draft POA naming his sister, a relative, as agent for this property address and this loan. He signs it with two witnesses and an acknowledgment that meets the rules that apply where he signs. The original goes to the title company, his sister signs the closing package in Miami, and the POA is recorded with the mortgage.

Florida execution rules and lender approval

Florida law (F.S. 709.2105) says:

• The agent must be a natural person 18 or older, or a financial institution with trust powers and a place of business in Florida.
• The POA must be signed by the principal and two subscribing witnesses and acknowledged before a notary.

Lender rules are stricter. Fannie Mae's Selling Guide (B8-5-05) requires the lender to get a copy of the POA, confirm the names match the loan documents, confirm it was valid at signing, and confirm it is notarized and references the property address. Unless the agent is a relative, lender employees, the loan originator, title insurer employees, the seller and real estate agents with a financial interest generally can't serve as agent. If the POA must be recorded with the mortgage, the lender makes sure that happens.

Send the POA to your loan officer and title company at least a week before closing. A POA rejected at the closing table can delay closing; see clear to close.

Foreign buyers and military borrowers

• Signed in another state: F.S. 709.2106(3) treats a POA as valid in Florida if its execution complied with the law of the state where it was signed.
• Military: F.S. 709.2106(4) says a military POA is valid if executed under 10 U.S.C. 1044b, and a deployment-contingent POA can be signed in advance and take effect on deployment. Confirm with your VA loan lender that it will accept a military POA for your file.
• Signed abroad: the statute's other-state rule does not cover foreign countries, so title companies usually ask for Florida-style execution, often at a U.S. consulate, plus a certified English translation. Ask the title company before you sign. See foreign national loans.

In South Florida

Florida has specific rules for homestead. F.S. 689.111 lets homestead be conveyed or mortgaged under a POA executed in the same manner as a deed, and married owners can satisfy the spouse-joinder rule through a POA from one spouse to the other or to a third party. Florida also lets a title company or lender ask questions before accepting: under F.S. 709.2119 they may request an agent's affidavit, a certified English translation of a POA in another language, or an opinion of counsel if they state the reason in writing. This is general information, not legal advice; have a Florida attorney draft the POA.