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Lostinla, Other/Just Looking in Los Angeles, CA

Power of attorney for signing loan documents?

Asked by Lostinla, Los Angeles, CA Wed Feb 15, 2012

My husband and I are purchasing a home together but he is the principal applicant for the loan (I had to be removed at the very end due to a visa issue) - we will both be on the deed and title.

My husband is not available to sign loan docs at Escrow. We were wondering if I could get power of attorney to sign for him? Please let me know if this is possible for mortgage loans and, if so, how I would go about it in California? Is this lender specific typically?

Thank you!

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Answers

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I am purchasing a house and I have to sign the documents as at the attorneys and transfer the deposit but I am not sure what documents must be signed.

The seller is also the attorney that I need to sign the documents

Thanks
0 votes Thank Flag Link Thu Nov 8, 2012
power of attorney allows you to act in the shoes of another person. You may be interested in the limited power of attorney form
0 votes Thank Flag Link Sun Feb 26, 2012
Thank you all very much! It is reassuring to know that this is possible!
0 votes Thank Flag Link Thu Feb 16, 2012
Hi Lostinla,
I just completed this type of transaction in January. First make sure it is OK with your lender. Then escrow will need to draw up the POA for the specific property you are puchasing. Your lender will need to review and approve of the language. You then need to get this notorized. I suggest you use the escrow company for this. You should then be good to go.
Good luck,
0 votes Thank Flag Link Thu Feb 16, 2012
I don't know who the san fernando guy has been dealing with, but we have never had a client have a lender decline to allow this. We frequently deal with international clients who have someone based here, and having a POA makes signing much easier. You do need to get the lender's okay though, and the title company will draw it for you at no charge.

Do plan on the signing taking longer because you will have to sign everything as his attorney in fact and this takes more time because it has to be legible and the same way every signature.
0 votes Thank Flag Link Thu Feb 16, 2012
Yes, I have done this in the past with ease. However, it is critical that your lender approves of this in advance. You wouldn't want to go through the expense of the signing only to find out that instead of funding - your docs are being rejected. Find out exactly what the lenders requirements are for having an attorney-in-fact sign loan docs. For example they may want the POA document to actually state that signing the loan obligations secured against xyz property is an authorized act. Once you get the blessing of your lender and the attorney has drafted the POA, you'll likely need to get it recorded by the county clerk - Then its loan docs time - be sure to take a copy of the POA and provide a copy of it to the notary as well as to your lender.

The form is called a Power of Attorney and will be either General or Specific, this will need to be notarized when created and before being recorded.

Best of luck, and congrats on the new home:)
Web Reference: http://www.bmrla.com
0 votes Thank Flag Link Wed Feb 15, 2012
A Power of Attorney gives you the rights to act and sign documents on behalf of another person. Most lenders do not allow this. Also, some loan documents require the borrower to take an oath and this can not be done with a (P.O.A). The borrower has to be present. In most cases one spouse can sign in one location and the other spouse can sign at a different location.

Regards,

Lee
0 votes Thank Flag Link Wed Feb 15, 2012
Also, please let me know which exact form to use if you know. Does this just need to be notarized or does it need to be recorded at the county? Thank you!
0 votes Thank Flag Link Wed Feb 15, 2012
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