Texas · Estates Code chapter 751Texas power of attorney for a real estate closing: recording, certification and acceptance

When a Texas buyer or seller signs through an agent, the document is usually a durable power of attorney under Estates Code chapter 751. It must be a writing that designates an agent and grants authority, be signed by an adult principal (or by another adult in the principal's conscious presence at their direction), contain words showing the authority continues despite the principal's later disability or incapacity – such as 'This power of attorney is not affected by subsequent disability or incapacity of the principal' – and be acknowledged before an officer authorized to take acknowledgments to deeds and administer oaths (§751.0021). For real estate: a durable power of attorney used for a transaction requiring an instrument that will be recorded – a deed, deed of trust, mortgage including a reverse mortgage, release, lien including a home equity lien, lease memorandum and others – must be recorded with the county clerk where the property is located no later than 30 days after that instrument is filed for recording (§751.151). A title company or lender presented with a durable power of attorney must accept it, or, before accepting, request an agent's certification or an opinion of counsel within 10 business days (an English translation within 5), and then accept within 7 business days after receiving it, unless a ground for refusal applies; the parties can agree to extend these periods (§751.201). It may not demand a different form for authority the document already grants, or require recording beyond what the law requires (§751.202). The agent's certification is signed under penalty of perjury and covers, among other things, that the principal is alive, the power hasn't been revoked or terminated, no guardianship proceeding is pending and the agent is acting within their authority; for a Texas home equity loan it states the power of attorney was signed at the lender's office, a title company or a law office (§751.203). A refusal must be explained in a written statement (§751.207), and the grounds include knowledge that the authority ended, the agent's refusal to provide a requested certification, a good-faith belief that the power is invalid, and reports of possible abuse or exploitation (§751.206).