Home Buying in Clovis>Question Details

Shaun, Home Buyer in Clovis, NM

Can my wife close without me there if she has a POA in New Mexico? We are moving there in a few months but I will be in training till Sept.

Asked by Shaun, Clovis, NM Mon Apr 11, 2011

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Carolyn Spence’s answer
There is a specific power of attorney that is required. A general POA won't do it. Contact the closing or title agent, or your legal officer on your base, and they can help draft one and get it to you for notarized signature.
0 votes Thank Flag Link Sun Jun 23, 2013

Not all POAs are the same. When you get into escrow, ask the company handling the escrow to write up a POA for the particular property in question. You'll need to sign and notarize the document and get the original copy back to your escrow company. Often times, you will be able to go to an affiliate escrow branch in your location, to have the document notarized.

Or, if you have access to the Internet in your location, ask your agent to use Docusign, or other electronic signature software, to electronically send you documents to sign all the paperwork. Many escrow companies will accept electronic signatures on their paperwork, making the document signing process quick and painless from any location.

Irene - La Jolla, CA
0 votes Thank Flag Link Mon Apr 11, 2011
You need to talk to the attorney who prepared the POA that you signed & had notarized for your home purchase. Most states require a Real Estate POA that must be filed in the county records where you are buying the home.
0 votes Thank Flag Link Mon Apr 11, 2011
Hi Shaun,

It's not where the POA was executed that matters, but rather the type of POA. Lenders usually require a specific power of attorney rather than a general power of attorney. You should speak with your lender to let them know what your situation in and why you will need to use an attorney-in-fact. Your lender will want to review the POA to make sure it is acceptable.
0 votes Thank Flag Link Mon Apr 11, 2011
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