MPF Announcement 2021-88

MPF Traditional - Power of Attorney Eligibility and Documentation Requirements

Effective Date: Immediately  

The MPF Traditional Selling Guide, supports the use of a Power of Attorney (POA) for purchase and limited refinance transactions, the following updates have been made to clarify the eligibility and documentation requirements:

• Clarified that an agent under a POA may sign the Note and/or Security Instrument on behalf of a Borrower if all of the following requirements are met:
  • The PFI obtains a copy of the POA,
  • The name(s) on the POA match the name(s) of the person on the relevant loan document,
  • The POA is dated such that it was valid at the time the relevant loan document was executed,
  • The POA is notarized, and
  • The POA references the address of the subject property.
• Incorporated a reminder pertaining to the use of a POA with an inter vivos revocable trust.

In addition, in the Impact of COVID-19 on Originations of MPF Traditional (Conventional) Loans announcement, the MPF Program provided temporary accommodations to the standard Power of Attorney (POA) requirements. The MPF Traditional Selling Guide has been updated to include the following temporary accommodations as permanent:

• allowing all Borrowers to sign the mortgage loan documents pursuant to a POA,
• allowing certain interested parties to serve as attorney-in-fact, and

• requiring a closing protection letter when the attorney-in-fact or agent 

  • is an employee of the title insurer, or
  • is an employee of the policy-issuing agent of the title insurer

For additional information, see MPF Traditional Selling Guide Section 10.2.6 – Power of Attorney.