Memphis, TN · Member since 2017 · 41 posts · 11 votes
I have an upcoming vacation in which I'll be out of state for a week. If I happen to get a house under contract between now and then, and the closing date falls within the week I'll be out of state, can I legally have someone else close for me? An attorney perhaps?
And if so, being that I'm a wholesaler, what are the complications of having someone else perform a double close or assignment of contract for me?
I can answer the first part, not the second. I haven't attended my last 20+ closings. I just electronically sign (or print, sign, scan, email) the documents and wire the money (or provide wiring instructions if selling). This is very standard today with most closing attorneys. If yours won't do it, just get another one.
Hopefully a wholesaler can answer your 2nd question. I've closed some deals with wholesalers recently, not sure if they were present (because I wasn't).
How long is this vacation? Can you move settlement to a day you’ll be in the area? Sounds like your first wholesale, my advice would be that you should be present for the first one, but I can’t speak for what is legal and what is not.
I can answer the first part, not the second. I haven't attended my last 20+ closings. I just electronically sign (or print, sign, scan, email) the documents and wire the money (or provide wiring instructions if selling). This is very standard today with most closing attorneys. If yours won't do it, just get another one.
Hopefully a wholesaler can answer your 2nd question. I've closed some deals with wholesalers recently, not sure if they were present (because I wasn't).
I can answer the first part, not the second. I haven't attended my last 20+ closings. I just electronically sign (or print, sign, scan, email) the documents and wire the money (or provide wiring instructions if selling). This is very standard today with most closing attorneys. If yours won't do it, just get another one.
Hopefully a wholesaler can answer your 2nd question. I've closed some deals with wholesalers recently, not sure if they were present (because I wasn't).
Good Luck!
Chris
I have not been to a closing in 20 years and in literally thousands of deals I have bought and sold over the years. I have been to exactly ONE wet closing where buyer and seller were in the same office or room.. weird cant see why anyone would do that or recommend it.. very uncomfortable.. PLUS I would NEVER take a paper check for my proceeds ONLY wires..
Inform the title company you will be out of state, they will overnight the docs to you to have signed in front of a notary and give you a way to overnight them back to them. We do it all the time with buyers and sellers, we refer to them as mail away closings. Never been an issue.
I have done all my deals just as @Chris Sellers in that they were all done through the internet. Now days you no longer have to physically attend closing or bring money to complete transactions.
Does Arizona still require real estate contracts be signed in Arizona?
In the 1990s, I attended seminars in San Jose from promoters pitching the benefits of Arizona investment real estate (they would take care of the small day-to-day stuff and the investor would only have to approve over the phone the spending of the money on the really big items [new roof, new water heater, whatever]).
At that time, Arizona law required all real estate contracts be signed in Arizona, so the investor would have to fly to the Arizona airport to meet the company's representative behind the security lines (this was before 9/11) to sign the contract.
P.S., If the above description sounds like a scam, it probably was. I ended up not going for it, but not for lack of trying. I ran into too many frustrations that raised enough red flags to tell me to stay away.
I have not seen any such stipulations requiring an individual be in the state to sign a purchase contract. With technology being what it is today, many people sign purchase contracts and closing documents without stepping foot in-state to do so via eClosings and eMortgages.
The title company should be able to send you the documents online. You can print them out, sign them, stick them in a Fedex and it should be at the title company the next morning. A lot of my clients have done this, you just have to make sure to sign a day or two early.
If we are discussing a cash buyer then it's not likely anything needs to be notarized... therefore the transaction can be done 100% remotely (print, scan, email, fax) and payment can be made via wire transfer.
If there is a lender involved the only thing that likely changes is the need for a notary ... then just send original docs via overnight courier.
Of course if we're in an attorney state that changes everything!
You should be able to do it electronically, if you use a Power of Attorney ensure that the POA is acceptable to everyone, I had to re-close on a house handled by a title company for which the POA was accepted by the title company but then not accepted by the lender. Best advice for a one week vacation just schedule around it.
You can either have a power of attorney go for you or you can look for a notary where you're going on vacation and print out the closing docs and overnight them back.