Legal Question in Real Estate Law in Pennsylvania

Settlement Statement

My daughter and son-in-law purchased a home and my daughter was out of town during the closing. She was told that she was not needed because her credit history was not used due to short duration of employment. However, she was included on the settlement statement and the attorney signed on her signature line without her knowledge or a power of attorney. Is this legal?


Asked on 6/27/08, 9:23 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Settlement Statement

Is she in title with your son-in-law? By that I mean did the deed name both of them as the "Grantee" or new owner?

Usually only the seller signs the deed, although sometimes, in sales of condo units, the buyer also signs to indicate that the buyer is agreeing to be bound by the condominium documents.

If your daughter is also in title, even though her credit was not used, her signature would have been required on the mortgage [but not the mortgage note]. Without the signatures of all legal owners on a mortgage, the lender does not have a good mortgage on the property. Her authorizing another person to sign the mortgage on her behalf could only have been done by a full power of attorney, properly notarized.

No person is empowered to sign on behalf of another without a power of attorney. In some cases, a title insurance company will prepare an "authorization letter", to be signed by the party who will not be at the settlement, permitting someone else to sign only documents like the Settlement Statement HUD-1, but not the deed or the mortgage.

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Answered on 6/27/08, 10:31 am


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