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Does power of attorney have to be registered with court for mortgage refinance with cash out?

Pelham, AL |

We are refinancing our home with a cash out for renovations. The closing was set for a day when my husband will be out of town. We have full power of attorney for each other that includes real estate transactions. Does the POA need to be registered anywhere for me to sign for him at the closing?

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Attorney answers 2

Best Answer
Posted

It doesn't need to be registered/recorded to be valid.

Its best to contact the closing attorney before the closing date and let him/her approve it. I don't think it should be a problem, but its not something to bring up at the last minute.

Posted

The POA does not have to be filed - prior to the closing.

However, you must obtain permission from the lender to close with a POA.

Therefore, you should have your attorney get your POA pre-approved prior to the date of closing.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.