6301.4: Power of attorney (03/02/16)

© Freddie Mac Single-Family Seller Servicer Guide

Freddie Mac will permit the Note, the Security Instrument and other closing documents to be executed by a person acting as attorney-in-fact pursuant to authority granted by a Borrower under a power of attorney (POA) in the following circumstances:

  • In a hardship or emergency situation; and
  • When a Seller determines that applicable law requires use of a POA


The person acting as attorney-in-fact should have a familial, personal or fiduciary relationship with the Borrower, and should not be employed by or affiliated with any party to the loan transaction other than the Borrower. If a POA is used, the Mortgage must be covered by a title insurance policy in accordance with Section 4702.1. If the Seller has determined use of a POA is required by applicable law, the Seller must include a written statement that explains the circumstances in the Mortgage file and deliver the statement to the Document Custodian with the Note.

If a POA is used, the original POA must be attached to and delivered with the Note to the Document Custodian, unless it is recorded with the Security Instrument. If the original POA is sent for recordation with the Security Instrument, a copy of the POA must be delivered with the Note. When the POA is returned from the recording office, either the original or a copy with recording information must be delivered to the Document Custodian and filed with the Note.