From time to time, attorneys have a client or clients who will not be present at the closing. This checklist will focus on a few of the major items that will be required when the client is absent at the closing table. An attorney should always attend the closing or send an attorney in his or her place to the closing.

In some instances, a power of attorney is not required to sign documents for a client. See Signing Documents for Your Clients without Power of Attorney

Buyer’s Documents

1. Deed
   
   1. Check to insure that buyers’ names are correctly spelled. If an entity, verify that the entity’s name is exactly correct.
   2.  Review legal description and PIN(s).
2. Power of Attorney
   
   1. Title company (or title agent) and lender must both approve this. Obtain the executed document from the client well before the closing to avoid any delays.
   2. Guidelines for acceptable powers of attorney may be found at Powers of Attorney.
3. Bill of Sale – verify that personal property included is correct.
4. ALTA statement
   
   1. Have client complete as soon as is practical.
   2. Compare ALTA statement with Judgment and Lien search of buyers, or request seller’s attorney to review.
5. Survey – if buyer is providing the survey, obtain survey before the closing and review to identify any survey issues.
6. HUD/Settlement Statement – ask lender to provide their fees for closing.

For a seller, it is best to have an original signature on the deed. If seller cannot attend closing, require the seller to execute and notarize the deed at the same time seller executes and notarizes the power of attorney. There are two advantages to this approach: in addition to having the seller’s original signature on the deed, you will save your client the expense of having to record the power of attorney.

Seller’s Documents

1. Deed
   
   1. Verify that seller is the vested titleholder of the property.
   2. Review legal description and PIN(s).
2. Power of Attorney
   
   1. Title company must approve this if a non-statutory form.
   2. Guidelines for acceptable powers of attorney may be found at Powers of Attorney.
3. Affidavit of Title
4. Bill of Sale – verify that personal property included is correct.
5. ALTA Statement
   
   1. Have client complete as soon as is practical.
   2. Compare ALTA statement with Judgment and Lien search of sellers.
6. Survey – obtain survey before the closing, if possible, and identify any survey issues.
7. Transfer Declarations – prepare these before the closing, including EZ Dec (Cook County)
8. Paid Assessment Letter – needed if property is a Condo or has a Homeowner’s Association. Verify that it is good through the end of the month in which the transaction will be closing.
9. Closing Statement – provide this at least a day before closing if ATG will be preparing the HUD/Settlement Statement.

Having the correct documents at the closing table when clients are not attending will help the closing process to function more smoothly. Questions? Contact an Underwriter.