2011 Power of Attorney Statute

The Florida Legislature has enacted a new statute for durable powers of attorneys.  Here is a link to a very good summary of the changes:

http://www.floridatrustsestatesblog.com/estate-gift-gst-planning/the-new-florida-power-of-attorney-act/ 

The one additional note that I would add is this:

The statute will create some uncertainty regarding powers of attorney drafted and signed under the laws of other states that do not have two witnesses.  It is possible to construe our new statute to provide that such a power of attorney without two subscribing witnesses may be sufficient to support the conveyance of real property in Florida if the other state law would not require the witnesses to convey real property there.  I don't think Florida attorneys and title companies will accept a foreign power of attorney lacking two subscribing witnesses for the signing of Florida deeds.  I bet the standard will remain two witnesses unless a Florida appelate court rules that the witnesses would not be necessary (Don't hold your breath).  At any rate, even if there was such a decision, no Florida lawyer wants to try to keep track of the laws of the forty-nine other states.  Get the witnesses.

Lies a New Tool in Foreclosure

Here is an interesting link to an article in the Sarasota Herald-Tribune.

http://www.heraldtribune.com/article/20090510/ARTICLE/905101071?p=4&tc=pg&tc=ar

Also, you might be interested in the attached Florida Supreme Court Reprimand:

http://api.ning.com/files/MmwFYb9ze2NcQkzGYNYYsC*DWnM0*QQsrPhYC50V75oTwZM1-VWdQtEIVmhm6LA909IVrHdaTC2dsMjD*trTMhSUu4Ej9jmZ/Echevarria200011585.pdf

For non-lawyers, a public reprimand is taken very seriously in the Bar.  (In an interesting note, the Martindal & Hubble service still gives him an "AV" rating, so be careful in relying on that service in any particular case.)

To be fair, the problem is not as bad as the newspaper indicates, it is worse. The cited firm (the Default Law Group) also runs its title company (New House Title) and will not even record a simple affidavit to make title marketable. You either accept the Big Lie, or they shut you out.

I have seen similar problems at other "foreclosure mills."   I believe this is the type of corruption that is destined to happen when the governments assist institutions in the taking over of industries.  I believe the purpose of government should be to split up monopolies to enable competition, not to protect them by law.

Bob Sammons
February 22, 2010