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As sellers who will be out of the country when house is sold, not attend the closing?

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September 14 2012 - US
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Profile picture for mbelcherbiz42

I am currently living in Honduras and I have 11 acres in Arkansas under contract and we were suppose to close tomorrow until everything came to a crashing halt on Tuesday when the title company back in the states told me that the docs, they had emailed me, had to be notarized at the U.S embassy in Honduras.  Unfortunately the embassy and consulate are in the Capital and this is an 18 hour round trip drive from where I am or a trip by plane, both are expensive and time consuming.
I have not being given any other solutions by my realtor or the title company and so I have being searching online for info and advice, and that is when I found an article online written by Deborah Bremner, a realtor for Caldwell Banker, who can be contacted at http://www.thebremnergroup.com .
Deborah has being extremely helpful and equipped me with various options.  She also has family in Nicaragua, so she is aware of the culture and problems I am up against here.  The advice/solution I liked the most was that I will sign a power of attorney document using a Honduran notary and this document will give someone in the U.S.A that I know or my realtor knows, the power to sign the closing documents on my behalf.  The document will then be shipped over night to the U.S embassy in the capital of Honduras, who will then hopefully notarize using a U.S notary,  and then the document will be returned to me.  I will at this point have the original power of attorney document with a Honduran notary seal and a U.S notary seal confirming all is legit, at which point the documents can be forwarded to the title company in the States who are taking care of the closing.  If anyone can elaborate on this or offer me further advice it would be very welcome as I still need to put this into action and close.  

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February 20
Absolutely. You can give your attorney power of attorney to sign closing papers for you. Enjoy your trip!
Elvina.
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September 17 2012
Yes, possible ask closer for details on mobile closing.
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September 16 2012
Thanks for posting your question on Zillow.com!

I am in a deal now, much like Mack, where my seller lives in China and they do things TOTALLY different over there and it is causing some problems.  We will miss our scheduled closing date by at LEAST 2 weeks.  Luckily the buyer is cash as it would have screwed up the loan process and may have even soured him on the deal.

Good luck, hope we helped!
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September 15 2012
This happens every day, user, so ask your closing officer what you need to do. Ideally, you'd sign the necessary documents before you leave. Alternatively, you'll have to sign overseas in front of an acceptable notary, so start lining that up right now. Ask the closing officer what the requirements are, and start setting something up on Monday morning.

Don't wait until the last minute; I had a deal which had the sellers in Taiwan who went to a bank to sign documents, the title company rejected them, they set up an appointment at the US Consulate in Taipei for two weeks after our closing date, which would have meant that the buyer's loan documents would need to be redrawn . . . it would have been a mess. Fortunately, we found acceptable notaries within a half-hour of the Seller, and we closed.

So make this your first order of business on Monday morning, and you'll be good to go!
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September 15 2012

Yes that is quite possible.  Discuss it with your title company or whoever is going to be doing the closing.

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September 14 2012
If all the paperwork is available, they can sign ahead or time or the title company can send the paperwork overnite to them and the sellers can overnite it back or they can assign someone power of attorney.
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September 14 2012
 
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