When using a Power of Attorney (POA) for a mortgage home loan there are very specific actions that need to be taken. A POA must be for the purposes of the loan and must be property specific. The title company can assist with drafting the Power of Attorney and the costs are typically $150 to $200. An executed COPY of the POA must be provided to us within a week of closing so our attorneys and underwriters can approve the POA and prepare the closing docs accordingly. The title will require the original POA before closing the loan. The POA can be provided in advance or brought to closing – just don’t forget it if you bring it to closing.
Whoever is signing for the absent party will deserve a very nice “thank you” from the absent party. The amount of signing that will be required will lengthen a typical 45-minute closing to a 65-minute closing and will cause writer’s cramp.
You are welcome to use and existing POA or create one yourself IF it is specifically for the purposes of this loan and is property specific (i.e. has the address of the property listed on the POA). It’s is imperative that you provide the POA to us and the title company for review as soon as possible so we can determine it’s acceptability. NOTE: Durable POAs, Medical POAs, etc. are typically not accepted as they are not for purposes of the loan and not property specific. Rare and extenuating exceptions can be made so please ask us if you have any questions.
Absent Party
At closing the absent party will need to be available via phone so they can provide identification and consent that they still want to proceed with the home loan. NOTE: All title companies are different and some will require the call be conducted immediately before signing docs while other title companies will allow the call to be any time during that business day. Please check with your title company for details, or please call us if you have any questions about your potential Power of Attorney.
NOTE: Power of Attorneys are not allowed for Texas Home Equity A6 Loans.
Mark Pfeiffer
Branch Manager
Loan Officer, NMLS # 729612
972.829.8639
MortgageMark@MortgageMark.com