Eligibility Requirements for Using a Power of Attorney

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.

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