01 Jun How to Handle Power of Attorneys in Escrow
Sometimes the perfect home, or the perfect buyer comes at an inopportune time. That long planned trip is right around the corner and buyer or seller will not be in town for the escrow process. There are options. One is utilizing a Power of Attorney to execute documents on behalf of the party in escrow.
The Title Company will need to approve any Power of Attorney used during the transaction. Title will need the original to be recorded with any recordable document that was signed by the Power of Attorney (Grant Deed, Quitclaim Deed, Deed of Trust). The sooner Title can review the notarized Power of Attorney, the better, to avoid any potential problems.
If a buyer is using a Power of Attorney to sign loan documents, the Lender will need to be notified well in advance. They will want to approve the Power of Attorney ahead of loan documents being drafted to ensure the loan documents are drawn properly.
Power of Attorneys have to sign documents in a specific format. If John Doe gave Jane Small specific Power of Attorney to sell his home, Jane would need to sign and initial in cursive like the below.
John Doe by Jane Small, his attorney-in-fact
JD by JS, his attorney-in-fact
If you have a client who is going to need a Power of Attorney, please reach out to us and we would be happy to assist you in any way we can.