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Signing With a Power of Attorney

QUICK SUMMARY

A power of attorney lets another person sign for the borrower. Lenders and title companies allow it only under strict rules, and often only when the borrower is unavailable for a real reason, such as military deployment. A convenience POA signed because someone does not want to attend closing is often rejected. The document has to be acceptable to the lender, the title underwriter, and, if a spouse's signature is required, the Texas homestead rules.

Yes, you can often sign mortgage closing documents in Texas through someone holding your power of attorney, but only if the lender, the loan program and the title company all approve the specific document before closing day. Lenders usually want a power of attorney that's notarized, names the property, and authorizes the specific loan, and in Texas a power of attorney used for a recorded real estate document has to be recorded too. Some loans add more rules: a Texas home equity or cash-out loan requires the power of attorney itself to be signed at a lender, attorney or title company office, and FHA and VA have their own limits. Raise it at the start of the file, not the week of closing.

How a power of attorney works at closing

A power of attorney, or POA, is a document where you (the principal) give another person (your agent, or attorney-in-fact) authority to act for you. At a mortgage closing, the agent signs the note, deed of trust and other documents in your name, and the title company records the POA with the deed of trust.

A POA isn't the same as adding a co-borrower or co-signer. The agent signs for you; they don't become obligated on the loan. See co-borrowers and co-signers.

Texas law basics

  • Durable POA: under Texas law, a durable power of attorney is a signed writing that says it isn't affected by your later incapacity (or becomes effective on it), and is acknowledged before a notary or other officer authorized to take acknowledgments (Tex. Est. Code 751.0021).
  • Recording: a durable POA used for a real property transaction that requires a recorded instrument, including a deed of trust or home equity lien, must be recorded with the county clerk where the property is located no later than the 30th day after the instrument is filed for recording (Tex. Est. Code 751.151). In Fort Worth, that's the Tarrant County Clerk, and the title company handles it.
  • Marriage isn't a POA. Being married doesn't let one spouse sign loan documents for the other. Texas homestead rules often require the non-borrowing spouse to sign certain documents, too.

What the loan programs require

Conventional (Fannie Mae)

Fannie Mae allows a POA on purchases and limited cash-out refinances. The lender has to get a copy, the names must match the loan documents, the POA must be valid on the signing date, it must be notarized, and it must reference the property address. Where local law requires recording, the lender must make sure it's recorded (Selling Guide B8-5-05).

Fannie also limits who can act as the agent. Unless they're your relative, the lender or its employees, the property seller, and any real estate agent with a financial interest in the deal can't be your agent. The loan originator and title company employees can serve only under extra conditions, including a POA naming the lender, property and maximum loan amount, and a recorded online session where you confirm your identity and reaffirm the terms.

FHA

HUD treats the application and the closing differently (HUD 4000.1 II.A.1.a and II.A.6.a):

  • Application: a POA can be used to sign the loan application only in limited cases. For military personnel, that's when the service member is on overseas duty or an unaccompanied tour, the lender can't get the signature by mail or fax, and the agent has specific authority to encumber the property and obligate the borrower. For an incapacitated borrower, HUD has separate conditions, including that the person will occupy the property.
  • Closing: you can designate an attorney-in-fact to sign closing documents. Unless state law requires otherwise or the person is a family member, the lender, the loan originator, the title company and agent, and any real estate agent can't sign the note or deed of trust as your attorney-in-fact, except under a POA that expressly authorizes it plus a recorded online session where you confirm your identity and reaffirm the terms.

VA

VA allows a veteran to use an attorney-in-fact to sign any document needed for a VA loan, which helps service members stationed overseas. The POA must be valid under state law, and the veteran must consent in writing to the specifics of the transaction. A specific POA should spell out the intent to use entitlement, the purpose of the loan, the property, the price and terms, and the occupancy intent. A military POA counts as a general POA, valid only during deployment and not more than a year. The lender must also verify the veteran is alive, and if on active duty not missing in action, as of the date the documents are signed (VA Pamphlet 26-7, Chapter 9, Topic 8). VA's occupancy rules still apply. See VA occupancy rules.

Lender and title company requirements

On top of the agency rules, lenders and title companies often have their own requirements, like approving the POA in advance, requiring the original, or limiting older or general forms. Ask for those requirements in writing early. See what the title company does in Texas.

Texas home equity and cash-out loans

A Texas home equity loan under Section 50(a)(6), which includes a cash-out refinance of your homestead, has stricter rules. A POA letting someone sign closing documents for the owner or the owner's spouse must itself be signed at the permanent physical address of an office of the lender, an attorney or a title company. The lender can rely on a statement in the POA, a witness certification, or a notary acknowledgment showing where and when it was signed. The owner's and spouse's consent to the lien must also be signed at one of those offices, either by them or by an attorney-in-fact under a POA that meets that rule (7 Tex. Admin. Code 153.15). Fannie Mae's POA rules cover purchases and limited cash-out refinances, so a cash-out file may not allow a POA at all with some investors. See how a Texas cash-out refinance works.

Fictional example

This example is made up to show the planning.

Staff Sgt. Ramirez is buying a home near NAS Fort Worth with a VA loan, and he'll be deployed on the closing date. Three weeks before closing, the loan officer and the title company send the lender's POA requirements in writing. His attorney drafts a specific POA naming his spouse as agent, the property address, the purchase, the use of his entitlement and his intent to occupy, and he signs it before a notary on base. The lender and title company approve it before closing, the title company records it with the deed of trust, and on closing day the lender gets written confirmation from him that he's alive and not missing, dated on or after the signing. A different family waits until the morning of closing and brings a general form from the internet. The title company won't accept it, and the closing moves.

Common mistakes and myths

  • "Any POA form works." Lenders and title companies often require specific wording, the property address and a recent date.
  • "My spouse can sign for me because we're married." Marriage isn't a power of attorney.
  • "Someone not on the loan can just sign my name." That's forgery, not a workaround.
  • "My agent can be the real estate agent or the seller." Agency rules generally prohibit that unless they're a relative or an exception applies.
  • "A POA works the same on a cash-out." Texas home equity loans have strict rules on where the POA is signed, and some loans won't accept one.
  • "We'll sort it out at closing." Approval takes time, and recording is required.

What to have ready

  • The dates you'll be unavailable, as early as possible.
  • The lender's and title company's POA requirements in writing.
  • A POA drafted by an attorney that names the property, the transaction and your agent.
  • For VA, your COE and a way for the lender to confirm your status at closing.
  • Whether remote online notarization or electronic signing is an option for your loan and title company.

Next step

Can't be at your Fort Worth closing? Tell me early, and I'll get the lender's and title company's POA requirements in writing so your attorney can draft it to fit. Schedule a call, or when you're ready, start an application.

Related questions

Sources

Links checked Oct 21, 2026.

About the author: McKade Lively, NMLS 2704474, American Pacific Mortgage Corporation dba True North Home Loans, NMLS 1850.

Equal Housing Opportunity.

Last reviewed: Oct 2026

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McKade Lively, NMLS #2704474. Equal Housing Opportunity.