Real Estate Closings

IF YOU CANNOT ATTEND YOUR CLOSING

Sometimes it's hard to get all buyers, all sellers, the agents and the lender together at one time for a closing. Unforeseen emergencies can interrupt even the best-laid plans. In the event you cannot attend your closing you must execute a Power of Attorney. This is a written document authorizing another person to act as your agent and sign on your behalf.

If you anticipate your absence at the closing, call our law firm immediately. If you are a borrower, we must call your lender and be sure they will accept a valid Power of Attorney on their loan documents. We can prepare a Power of Attorney on behalf of the lender for you to review. Although forms available on the web or at Office Depot are convenient and, sometimes, free, they will most likely not comply with the Georgia real estate Power of Attorney requirements. A Power of Attorney to transfer real property must be specific to the property, referring to the property particularly. Furthermore, the Power of Attorney must be witnessed and notarized. Of course, the witness cannot also notarize the document, and neither can be a party to the transaction or the nominated agent.

Once the document is fully executed you should fax a copy to us. But, we must have the original at the closing. Without the original, the closing cannot go forward. A copy of your photo ID must also accompany the Power of Attorney.

Finally, be sure that you can be reached by phone during the closing in the event material issues arise that require your attention.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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