Short answer
Often, yes. On a Fannie Mae loan, an agent under a power of attorney (POA) can sign the note and mortgage for you on a purchase or a limited cash-out refinance. The lender needs a copy, the names must match, it must be valid and notarized, and it must list the property address. In New Hampshire, a POA used for real estate must be signed by you and acknowledged before a notary. Tell your lender early so it can be reviewed before closing.
When does a power of attorney make sense?
It helps when a buyer can't be at the closing table: a work trip, military service, a health issue, or a co-buyer who lives out of state. If you just can't travel, ask first whether a remote closing would work, since you can then sign yourself. See can you close on a NH home remotely.
What does the lender look for?
- A copy of the POA in the loan file before closing.
- Your name on the POA matches your name on the loan papers.
- It was valid on the day the papers were signed.
- It is notarized and names the property's address.
- If the law requires it to be recorded with the mortgage, it gets recorded.
Fannie Mae doesn't allow a POA for a cash-out refinance. Each lender and title company may add its own rules, so a general POA you signed years ago may not be accepted. A POA written for this property and loan is usually the smoothest path.
Who can't be my agent?
Unless they're your relative, Fannie Mae doesn't let these people sign for you:
- The seller, or anyone related to or affiliated with the seller.
- A real estate agent with a financial interest in the sale.
- The lender or its employees.
The loan officer, a title company employee, or an affiliate of the lender can act only under extra conditions, including a recorded online session where you confirm who you are and agree to the loan terms. Most buyers simply choose a relative or a close friend they trust.
What does New Hampshire law require?
Under RSA 564-E:105, a power of attorney that covers real estate must be signed by you, or by someone at your direction in your presence, and acknowledged before a notary or other official. An electronic signature doesn't count for this. A general POA also needs the state's disclosure statement attached and signed. An attorney can draft one that fits your situation, and Tom will share it with the title company ahead of time.
What if the home is going into a trust?
If title is held by a trustee of a revocable trust, a POA from the trustee usually can't be used unless the trust document allows it, or the agent is the person who created the trust. See mortgage on a home in a revocable trust.
Sources
- Fannie Mae Selling Guide B8-5-05, Requirements for Use of a Power of Attorney
- NH RSA 564-E:105, Execution of Power of Attorney
Checked November 2, 2026. Rules and dates change, so confirm current details before you rely on them.
General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.