It's perfectly legal for you to take out a mortgage solo, even if you're married. The lender, however, may still want your spouse to sign off on the mortgage. Even if he's not on the hook for the loan, having him sign the paperwork protects the company's lien on your house.
The short answer is YES, you may send someone in your place to “close” for you. A closing is essentially a “signing” of documents, documents drafted by both the closing attorney and your lender.
Common Law If you're the sole owner of a house, you can refinance without your spouse's signature or consent. If you own a property together and both of you want to remain as borrowers on the refinance loan, then your spouse will need to apply for and sign the refinance documents.
After the principal's name, write “by” and then sign your own name. Under or after the signature line, indicate your status as POA by including any of the following identifiers: “as POA,” “as Agent,” “as Attorney-in-Fact” or “as Power of Attorney.”
Which States Are Community Property States? Community property states include: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In these states, any assets acquired by spouses throughout their marriage is labeled as community property, regardless of who buys it.
Only required on interest only loans. California is a community property state. Non-borrowing spouses are required to sign the Mortgage, CD and Right of Rescission (if applicable).
The only time your ex-partner could have you removed from the mortgage without your consent is if they applied for and were granted a court order to have you removed from the title deeds (and the mortgage).
Refinancing is the best way to take a person's name off a mortgage. Depending on your lender, it may be the only way. If you have sufficient equity, credit, and income — and your ex-partner agrees to give you the house — you should be able to refinance your current mortgage in your name only.
In a common-law state, you can apply for a mortgage without your spouse. Your lender won't be able to consider your spouse's financial circumstances or credit while determining your eligibility. You can also put only your name on the title.
The power of attorney is the unilateral document wherein donor or the principal gives authoritative power to the agent by signing the document and the agent's sign is not always required. A power of attorney can be executed by any person who is competent to enter into a contract.
The letters "p.p." before your signature on behalf of your brother indicate that the signature is under procuration (that is, on behalf of another with permission). You may type or handwrite the letters just to the left of your signature to indicate that you are signing under procuration.
An attorney's signature must also be witnessed by someone aged 18 or older but can't be the donor. Attorney's can witness each other's signature, and your certificate provider can be a witness for the donor and attorneys.