Real estate closings are carefully coordinated — but life happens. Illness, travel delays, military deployment, or work conflicts can prevent one borrower from attending the closing.
The good news? A missed closing doesn’t always mean a canceled deal. There are legal options that may allow the transaction to move forward.
Why Lenders Require All Borrowers to Sign
When more than one borrower is on a loan:
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Each borrower is legally responsible for repayment
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Each must sign the mortgage or deed of trust
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Each must acknowledge loan disclosures
Missing signatures can invalidate loan documents or delay funding.
Option 1: Power of Attorney (POA)
A Power of Attorney is the most common solution.
How It Works:
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The absent borrower authorizes another person to sign on their behalf
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The POA must usually be specific, not general
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Many lenders require prior approval of the POA language
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The POA often must be notarized (and sometimes recorded)
Important: Not all lenders accept POAs, or they may limit their use.
Option 2: Split Signing (Separate Closings)
A split signing allows borrowers to sign at different times or locations.
This is common when:
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One borrower is traveling
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Borrowers are in different states
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One borrower is hospitalized
Mobile and remote notaries often facilitate split signings.
Option 3: Remote Online Notarization (RON)
If permitted by state law and lender policy, RON allows a borrower to:
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Appear by secure video
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Complete ID verification online
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Sign and notarize documents remotely
RON can resolve time-zone, travel, or medical issues quickly.
Option 4: Delaying the Closing
If no alternatives are approved:
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The closing may be rescheduled
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Rate locks may need extension
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Contract deadlines may be amended
While frustrating, delay may be necessary to ensure compliance.
What Will NOT Work
Even under pressure, the following are not allowed:
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Signing for the other borrower without authority
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Backdating signatures
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Notarizing unsigned or pre-signed documents
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Forging signatures
These actions can invalidate the loan and create legal liability.
What Borrowers Should Do Immediately
If one borrower can’t attend:
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Notify the lender and title company immediately
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Ask whether a POA is acceptable
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Ask about split signing or RON options
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Confirm notarization requirements
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Gather valid identification early
Early communication prevents last-minute denial.
Why Notaries Can’t “Make Exceptions”
Notaries must:
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Verify each signer’s identity
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Witness each signature
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Follow state law exactly
They cannot waive attendance or sign on behalf of anyone.
Final Thoughts
If one borrower can’t attend the closing, the deal isn’t automatically dead — but the solution depends on lender approval, timing, and proper notarization.
With advance notice and the right notary support, many closings still fund on time.
