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Can I Use A Power Of Attorney When Purchasing A Home In San Diego?

By
Mortgage and Lending with Caliber Home Loans NMLS#284800

Using A Power Of Attorney For A Mortgage Transaction In San Diego CA

San Diego CA - San Diego obviously has a large amount of active duty military personnel, some of which purchase homes (or refinance) while they are deployed.  When buying a home, many will use a power of attorney (POA) giving someone else the power to sign for them in their absence.  This goes for Conventional, FHA, and VA financing.  

And sometimes, buyers are just out of town, whether it be for an already planned vacation, or a spouse that travels frequently for business.  I have a client that works on an oil rig for 6 weeks at a time, and signing loan documents on the rig is just not feasible.  A power of attorney is convenient in these situations.

Lenders are fairly lenient on the language of the POA, but the last word is ultimately up to the title company.  The type of POA required is known as a "specific" power of attorney which mentions the specific address involved in the purchase transaction.   

Regarding the initial loan disclosures: most lenders will NOT allow the use of a power of attorney for the initial loan disclosures

Fortunately, digital disclosures where the buyer can reveiw and acknowledge recept of them online, have become more available, but typically only for Conventional financing.

It is important to check with your buyers to see if they are going to be available during the entire process and if they plan to use a power of attorney for a mortgage transaction in San Diego CA.  If so, have the title company (and lender) review it as early in the process as possible. 

The use of a POA affects how loan documents are drawnThe buyer's name on the loan documents must match how his/her name appears on the POA.  If the loan documents are signed incorrectly, they will need to be resigned adding time to the closing process.  As some transactions are tight on time as it is, why take the chance?  

NOTE: The Power of Attorney commonly generated by the military may be all encompassing, however, it is typically not specific enough for a real estate transaction.  Again - when Using A Power Of Attorney For A Mortgage Transaction In San Diego CA, have it reviewed ASAP!

Looking to purchase or refinance property in California?  Contact Kevin Kueneke with Mann Mortgage today by calling 760-500-1919 or click HERE to Apply Now.

Posted by

 Kevin Kueneke, NMLS # 284800
San Diego County Mortgage Specialist
VA Mortgage Loan Specialist | FHA Mortgage Loan Specialist
Direct Lender | Mortgage Banker
Phone 760-500-1919 | Fax 619-419-2324

Visit My Website: kevinkloans.com 

Mann Mortgage LLC | NMLS #2550
11230 Sorrento Valley Road Suite 225| San Diego CA 92121

Tracy Oliva
West USA Realty - Arizona - Fountain Hills, AZ
The Oliva Team Arizona Agents

Good Morning and this is some Great Info for all in your market!!  keep up the good work and good luck with your business,  E

May 18, 2014 01:06 AM
Diana White-Pettis
Bennett Realty Solutions - Upper Marlboro, MD
GRI, CDPE, CNE, WHC Upper Marlboro Homes for Sale

This is great information.  Thanks for sharing and much success to you!

May 18, 2014 04:09 AM
Kevin Kueneke
Caliber Home Loans - Encinitas, CA
San Diego Mortgage Banker

Ed and Tracy - nothing worse than having a delay in the process that could be avoided.  Thanks for the comment.

May 18, 2014 04:27 AM
Kevin Kueneke
Caliber Home Loans - Encinitas, CA
San Diego Mortgage Banker

Hi Diana - many people do not know the importance of having the POA reviewed early on until it is too late (and the buyer is completely unavailable).  Have a great day!

May 18, 2014 04:28 AM
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

Great information Kevin, even if each company can make the final decision.

May 22, 2014 11:35 AM
Kevin Kueneke
Caliber Home Loans - Encinitas, CA
San Diego Mortgage Banker

Hi Evelyn - I always have the title/escrow company prepare the specific POA so as to avoid issues later.  Better safe than sorry.

May 23, 2014 06:02 AM