We are living abroad and plan on selling our place back home. Can I close on our home without my husband being their if I have general power of attorney? Do I need to file my poa with the county clerk’s office? thanks
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First, make sure your POA is specific as to it’s purpose. That said, with overnight mail available world wide, the closing agent may require your husband to sign the deed and other docs.
realtor.sailor
If you have a power of attorney authorizing you to sell the property and it is spelled out as such then you will not have a problem. A general power of attorney normally authorize you to do normal things such as banking, signing certain legal documents that would normally be signed for everyday things that would keep the family afloat.
Selling a house is not an every day thing. With a power of attorney authorizing you as your husband’s spouse you would then be authorized to sign everything and all documents having to do with this real estate transaction as if he was actually there.
The escrow would not send your husband any documents to sign.
With the modern methods of communication normally you can do a real estate transaction using fax, email and overnight shipping. Any documents requiring a notary can be accomplish where ever your husband is located. Even if your husband is over seas all embassies normally have a notary public that can assist American citizen with things that require a notary. As in the United States there is a fee for using the services of a notary.
I hope this has been of some benefit to you, good luck.
“FIGHT ON”
Yes, you can close on the house with it. Yes, it should be filed but only if you end up using it.
Each title company has rules about POA’s. Go to the one nearest your house and ask what form they want you to use. Use that form. Usually they want a Durable POA or Specific POA. That only names the house. So they don’t get drawn into problems with any other transactions that arise from the POA.
It is easy to close a sale with a POA.