My fiance will be out of town around the time of our new house closing. Can he sign papers in advance or electronically? Or does he have to be there?

Asked by Sixpackerin, Staten Island, NY Fri Apr 2, 2010

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Anna M Brocco, Agent, Williston Park, NY
Fri Apr 2, 2010
Your attorney can best advise you--either have you fiance give you power of attorney to sign all documentation relating to the purchase at closing or your fiance can give power of attorney to your attorney to handle the transaction.
0 votes
, ,
Fri Apr 2, 2010
There are times when it just doesn't make sense for out of state people to give opinions when things are done totally different in another state.
Your fiance, as mentioned by some below, should give either you or your attorney a Power of Attorney specific to this real estate transaction. This must be approved by the bank in advance. Is there any way that you can change your closing date? If your fiance will be out of town for only a few days, you can change the day. In NY, we have an on or about date in most contracts, and the day can be pushed off to accomodate whoever cannot make that exact date.
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Dianne Hicks, Agent, Rancho Bernardo, CA
Fri Apr 2, 2010
Sixpackkerin
I have almost all paperwork signed electronicly, it only takes a couple of minutes. It should not be an issue. Once in a while the bank will require wet signatures(real signatures), which may mean email papers and they can generally be emailed back into a PDF or faxed. It is done all the time. I actually did the entire transaction with one of my buyers in the UK, easy as pie.

Good Luck!!!
Web Reference:  http://www.di4homes.com
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Keith Sorem, Agent, Glendale, CA
Fri Apr 2, 2010
He will probably need to meet with a notary in the location where he is and sign the docs. Talk with the escrow company or attorney about a travelling notary.
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Scott Godzyk, Agent, Manchester, NH
Fri Apr 2, 2010
You can make arrangements with the title company or closing attorney. If you are getting a mortgage most times the paperwork is not ready to the day before the closing but you can ask that he sign ahead or that it is overnighted and he signs in front of a notary and send the papers back in time for you to sign and close. good luck with your closing
Web Reference:  http://www.ScottSellsNH.com
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Patrick Reno, , Las Vegas, NV
Fri Apr 2, 2010
You have a few options:

1. He can sign in advance if all of the paperwork from title is prepared. Depends on how far in advance. If it is about a week away, you can probably pull it off, but if anything changes then he needs to resign whatever changed.

2. I have had one closing where the escrow/title company accepted digital signatures for closing, but my experience is that they REALLY want wet signatures on everything.

3. If he has access to a printer, then title can email what they need signed to him and he can wet sign them, get a notary locally if that is necessary (usually for the deed), and next day ship them back.

4. Limited Power of Attorney as previously stated.

Best option is probably #3. Good luck!
0 votes
Rosemarie Ri…, Agent, Staten Island, NY
Fri Apr 2, 2010
Hi,
This can surely be done, however,the situation should be discussed with your attorney. They would be the one to arrange this for you.
Good Luck,
Rosemarie Rivicci
Appleseed Homes
917-846-5795
0 votes
Don Tepper, Agent, Burke, VA
Fri Apr 2, 2010
As Kevin says, a specific power of attorney is probably the best way. Just make sure that your title or settlement company is aware that this is the process you'll be using. They may have specific language, or request specific wording, in the power of attorney.

Hope that helps.
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Kmbrennan, , Florida
Fri Apr 2, 2010
Six,
The easiest solution is to have the closing attorney/ title company produce a specific power of attorney. This will only be effective for this transaction only and wil expire upon closing. Your fiance can sign the POA with a notary and this will allow you sign in his stead at the closing.
Be sure to have the POA cleared by the bank issueing the mortgage. Often thay have some specific verbiage that will need to be on the POA such as the legal description, date of expiration, etc - and sometime they have their own POA that they prefer to use. Also VA loans have some specific guidelines concerning POA closings.
I have done several closings this way- they are a very easy solution. Feel free to contact me.
Thanks
Keven M Brennan
kevenbrennan1@comcast.net
0 votes
Bill Eckler, Agent, Venice, FL
Fri Apr 2, 2010
Absentee closings are very common in the age of technology......Our best advice is to make your needs clear soon enough so that necessary time is allowed to make these arrangements. Speak with your closing coordinator ASAP about this.

Best wishes,

Bill
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