A Specific Power of Attorney (POA) for a mortgage closing is a authorized doc that permits one particular person (the principal) to authorize one other particular person (the agent or attorney-in-fact) to behave on their behalf solely for the aim of finishing a mortgage transaction—sometimes when the principal can’t be bodily current on the closing.
Key Points of How It Works:
✅ Purpose-Specific Authorization
The doc limits the agent’s authority strictly to the mortgage transaction, reminiscent of signing mortgage paperwork, the be aware, deed of belief, and different closing varieties.
It does not grant broad monetary powers—solely what’s particularly listed.
✅ Common Uses
When the borrower is:
Out of the nation or state
In the army
Hospitalized or in any other case unavailable on closing day
✅ Lender and Title Company Approval Required
The lender should approve the POA upfront. Some lenders are strict and should require the POA to be:
Dated near the closing date
Notarized and presumably recorded
The title firm should additionally approve the doc to make sure it is legitimate and complies with native laws.
✅ Execution Requirements
It should:
Clearly describe the property tackle
State the precise powers being granted (e.g., “to execute all paperwork required to shut on the mortgage mortgage for [property address]”)
Be notarized, and in some states, additionally witnessed
Sometimes be recorded with the county clerk if it’s used to signal a deed or deed of belief
✅ Expiration
Some are written to run out after a quick interval (e.g., 30 or 60 days), or instantly after closing.
✅ Revocation
The principal can revoke it at any time earlier than the closing by notifying the agent and any third events counting on it (just like the lender or title firm) in writing.
Example Scenario
Suppose Jane is shopping for a house however can be abroad on the closing date. She indicators a Specific POA authorizing her sister to signal all paperwork needed to finish the mortgage transaction for the house at 123 Main St. The lender and title firm evaluation and approve the POA forward of time. On the day of closing, Jane’s sister indicators the paperwork on her behalf, utilizing the POA.
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