T5XAN

We are trying to plan a return to TX, US early summer and have the opportunity to buy a house we really like in the next month or so. The big question is how we go about closing without flying over in person. The realtor says that we need to go to the US Embassy (Edinburgh or London) to do it but the info is a bit vague. The same would apply for the mortgage.

Does anyone know if we simply need to have the documentation notarized? Or is there more to it that I am missing? Thanks, TonyG.

penguinsix

I'm not positive, but I think you can assign someone "Power of Attorney" for the purpose of closing on this deal, and they could do the closing. Perhaps someone at the mortgage company or an attorney.

Some states require an attorney at closing, some do not. Not sure on Texas law.

TruBrit

yes, you can assign power of attorney and a lawyer is not required. not sure about the mortgage documents however your realtor if competent should have all the answers.


btw welcome back to TX

fatbrit

http://london.usembassy.gov/cons_new...cs/notary.html

fishfinger

When we bought our house in Florida, 6 years ago we used a UK Notary in Bracknell. We then sent all the documents by Fedex

Tarkak9

Every State is going to differ slightly regarding closings etc. I would get in contact with the title company/escrow company and ask your closer what would be acceptable to them in your circumstance, ie being overseas.

It is not uncommon for a "buyer send-out" packet (as its coined) to be put together where they send you the docs for originals and you send them back. Since you are international, they may wig out abit but none the less, ask. Doing it infront of a Notary etc simply says that they witnessed your original signatures and that it is true and fact and you are who you say you are.

If you are thinking in the line of a POA - power of attorney - you could nominate someone who you trust and know locally to sign on your behalf... 2 things.. A title company may want one of their POA form ie.separate POA for the purpose of the closing and there may be another one for the RE contract work. Overall, you want to confine the POA just to the purchase of the property and valid only for that purpose!! Even if you already have a POA for each other or someone else etc relating to your estate, sale and purchase of property etc they may not like it as it only comes in effect should one or both of you become incapacitated - which you are not!!
An agent etc should never be a POA due to the vicarious liability so don't ask them to do it; even if they have done so, they are idiots to do so for that reason!

The things to review and double check are 1- the deed, make sure its correct with the legal description of the property. 2. The type of title you are wanting to take it as... (Deed and Title are not the same thing) 3. Re: Loan. Make sure the Note - Promissory Note - is correct and that there isn't any riders, addendums or other crap that shouldn't be there, ie anything out of the ordinary which you haven't known about between you and your lender... prepayment clause etc. The note is what the bank will hold and its the terms of the loan you agree to with them.

Oh, don't forget to have a photo I.D. for copies to be made... you need to prove who you are saying you are. Marriage license is valid too.. the title company will want to make photocopies etc

I'm not an attorney so this isn't legal advice.. just information for you to explore and confirm for yourself.

T5XAN

Thanks to all for the useful info. It looks like all we need is the notary service (email received today from Realtor). As soon as I have more details I will post...... Again many thanks to all for the replies.