Legal Question in Real Estate Law in North Carolina

Re: Power of Attorney (NC)

Just out of curiosity, are you not using a closing attorney? If you were, the attorney should be able to draw it up for a minimal extra fee. In NC, most people use closing attorneys and their fees are generally less expensive than title companies. In addition, you have the added protection of malpractice insurance. Also, you must be an attorney to sign off on a title opinion since that is considered the practice of law, meaning that a title company would somehow have to pay an attorney a fee to do a title search. They would be unable to explain any of the loan documents and if they did so, they would be committing the unauthorized practice of law.

Getting back to your question (and without researching it), typically you could prepare documents on your own behalf meaning your husband could prepare it. In this case a lender is relying on it, so they would probably want to approve it. The title insurance company would probably want to approve it as well. You could always have it prepared, send to the title attorney for approval and then have it signed and notarized. There is certain language that they would want in there.

- Jeff