Eligibility Requirements for Using a Power of Attorney
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Last updated
Eligible Transactions
All
Documentation Requirements
An agent under a POA may sign the note and/or security instrument on behalf of a borrower (as defined in the Glossary) if all of the following requirements are met:
The underwriter obtains a copy of the POA.
The name(s) on the POA match the name(s) of the person on the relevant loan document.
The POA is dated such that it was valid at the time the relevant loan document was executed.
The POA is notarized.
The POA must reference the address of the subject property.
Additional Requirements
In jurisdictions where a POA used for a signature on a security instrument must be recorded with the security instrument, the lender must ensure that recordation has been effected.
If applicable law requires an original POA for enforcement or foreclosure purposes, an original must be forwarded to the document custodian.
If there is more than one borrower, each may execute the note and/or security instrument using a POA that complies with this section.
Ineligible Agents
Unless a person described below is a relative* of the borrower, none may serve as an agent except in accordance with a listed permitted exception. (see table below)
*A borrower’s relative includes any person defined as a relative in this Guide, or a person who is an individual engaged to marry the borrower, or is in a legally recognized mutual relationship with the borrower (however denominated under applicable local law).
Additional Conditions
The following are the additional conditions that must be met to qualify for a permitted exception in the table above.
The POA expressly states an intention to secure a loan not to exceed a stated amount from Homium on a specific property.
The POA expressly authorizes the agent to execute the required loan documents on behalf of the borrower.
In a recorded, interactive session conducted via the internet, and to the satisfaction of the agent, the borrower must
confirm their identity;
after reviewing the required loan documents, reaffirm their agreement to the terms and conditions of the note and security instrument evidencing the transaction; and
reaffirm their agreement to the execution of the loan documents by the agent.
Homium requires that the title agent must produce a recording and other documentary media memorializing the entirety of the interactive session. S
If the agent is an employee of the title insurer or is an employee of the policy-issuing agent of the title insurer, then unless unavailable under applicable law, such title insurer must issue a closing protection letter (or similar contractual protection) for the transaction for the policy-issuing agent.
Agent
Exceptions
Affiliate of lender
Transaction must meet the Additional Conditions below
Loan originator
Transaction must meet the Additional Conditions below
Affiliate of the loan originator
Transaction must meet the Additional Conditions below
Employee of the title insurance company
Transaction must meet the Additional Conditions below
Affiliate of the title insurance company or its employee (including, but not limited to, the title agency closing the loan)
Transaction must meet the Additional Conditions below
Originator or employee of Originator
None
Property seller, or any person related to the property seller, including a relative or affiliate
None
Any real estate agent with a financial interest in the transaction (or any person affiliated with such real estate agent)
None