Understanding Home Closing Attendance: When and Why You Need to Be There
When it comes to the home closing process, buyer attendance is often a point of confusion and curiosity.
Contrary to popular belief, it is not always mandatory for a home buyer to be present during the home closing process, but there are specific circumstances and legal requirements that may necessitate presence.
The Role of Buyer Absence
There are instances where buyers may not attend the closing due to various reasons. In some cases, a buyer might be a 'no show,' and while this has happened with female buyers before, it may not be the norm.
Legal and Agreement Considerations
Whether a buyer needs to be present during the home closing process largely depends on state law and mutual agreement between the parties involved.
In some states, the seller is required to personally sign the deed transfer, while in others, a fully certified representative can do it. This highlights the importance of understanding local laws and agreements.
Why It's Advisable to Be Present
It is generally recommended for buyers to be present during the home closing process whenever possible. Many realtors today facilitate electronic signings, which saves time and effort. However, there are numerous documents to review and many matters, especially related to the mortgage, occur at the last minute.
For sellers, it is not uncommon for them to not attend the closing, but for buyers, it is crucial to be present if possible. This enables buyers to double-check everything and ensures all paperwork is in order.
Special Cases and Solutions
There are specific scenarios where buyers might not be able to attend, such as paying cash. In such cases, no physical presence is required. However, for those obtaining a loan, the lender typically requires the buyer to be present to sign important documents.
In situations where a buyer cannot attend, a Power of Attorney (POA) can be arranged. However, the specific POA needs to be prepared and verified by the lender. It is advisable to work with a trusted loan officer who can review all the paperwork prior to the closing.
One real-life example is a seller who was not cooperative. The seller's attorney instructed her not to attend the closing and instead acted as her agent. This arrangement was an exception and likely due to the seller's behavior. In such rare instances, the seller's absence can be appreciated.
Conclusion and Recommendation
While it is best to be present, circumstances arise where this may not be possible. According to legal requirements and lender policies, specific POAs can be arranged. Working with a trustworthy loan officer is highly recommended to ensure all documents are correct and the closing process goes smoothly.
Thank you for your time and consideration.