[WSBAPT] Lender won't honor POA RE Fannie Mae

Britt, Christopher christopher at lucentlaw.com
Thu Dec 29 12:58:41 PST 2022


I have had this issue before and found it better just to have them draft it
and have it signed when I know that the principals are going to be out of
town.  If that is an option, I would say that's your best bet.  Getting
into fights with lenders - even when you are definitely correct - will only
stall the transaction.

Christopher G. Britt, M.A., J.D.

Attorney at Law

1403 S. Grand Blvd., Suite 201-S

Spokane, WA 99203-2278


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E: *christopher at lucentlaw.com <christopher at lucentlaw.com>*

Web: www.lucentlaw.com


On Thu, Dec 29, 2022 at 12:56 PM Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
wrote:

> Hi all -
>
> I rarely add to this listserv, but I've had a strange situation arise with
> regard to the purchase of a property. Client is purchasing property and
> client's son has a POA which is effective immediately and specifically
> allows son to purchase, sell, dispose of real property on behalf of Client.
> Client will be out of reach during the anticipated closing date for the
> purchase and wants Client son to execute closing. Underwriters for the loan
> say "no" because POA doesn't contain the specific address of the real
> property. Has anyone come across this?
>
> My concern here is that POAs are generally written and if the principal is
> incapacitated, new POAs could not be executed for each transaction with
> each address. Can the underwriters be convinced this is not necessary?
>
> Would love to hear your feedback.
>
> Kaitlyn
>
> --
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> Kaitlyn R. Jackson, Senior Associate Attorney
>
> Dimension Law Group, PLLC
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