Power of Attorney for Sales Contract

[Justin H.]

I have a short sale in progress and it's becoming a little more difficult than I hoped. The couple on the mortgage is divorced and she moved many states away. The divorce paperwork only states that neither can interfere with the sale of the property but that's all. Is it possible for the exwife to sign a Power of Attorney allowing the exhusband to sign for her on all documents requiring her signature or does that only work in times where the person is incapacitated for some reason? I asked the lienholder and they said to consult an attorney and then if they say its ok, fax it with the short sale package. I take it to mean that this person doesn't know the answer.

[Jamie Keeton]

Hey Justin! Good news!

If the lender allows for the use of a POA then the ex-wife can sign a POA over to her husband. What they noticed was that you said the wife is out of state. So if she signs a POA in a state where witnesses are required, then she must have the witnesses.

They also made mention of a second option that might appeal to you. You can have the documents sent to the wife for signing and then sent on to the Husband for signing. Then there would be no POA needed.