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# II. ORIGINATION THROUGH POST-CLOSING/ENDORSEMENT

## E. Title I Insured Programs

### 4. Manufactured Home Loan Program

#### (A) Use of Power of Attorney at Closing

A Borrower may designate an attorney-in-fact to use a POA to sign documents on their behalf at closing, including the Disclosure Notice to Borrower.

Unless required by applicable state law, as stated below, or they are the Borrower’s Family Member, none of the following persons connected to the transaction may sign the security instrument or Note as the attorney-in-fact under a POA:

- The Lender, or any employee or Affiliate;
- The loan originator, or employer or employee;
- The title insurance company providing the title insurance policy, the title agent closing the Loan, or any of their Affiliates; or
- Any real estate agent or any person affiliated with such real estate agent.

**Exception**

Closing documents may be signed by an attorney-in-fact who is connected to the transaction if the POA expressly authorizes the attorney-in-fact to execute the required documents on behalf of a Borrower, only if the Borrower, to the satisfaction of the attorney-in-fact in a recorded interactive session conducted via the Internet has:

- Confirmed their identity; and
- Reaffirmed, after an opportunity to review the required loan documents, their agreement to the terms and conditions of the required loan documents evidencing such transaction and to the execution of such required Loan by such attorney-in-fact.

The Lender must obtain a copy of form HUD-56001-MH signed by the Borrower or POA in accordance with Signature Requirements for All Application Forms.

#### (B) Electronic Signatures

See Policy on Use of Electronic Signatures.

## xiv. Note

#### (A) Definition

Note refers to any form of credit instrument commonly used in a jurisdiction to evidence a Loan.

#### (B) Standard

##### (1) Form

The Lender must ensure that the Note complies with all applicable state and local requirements for creating a recordable and enforceable Loan, and an enforceable Note. HUD does not provide Note forms or prescribe a particular Note format.

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**Handbook 4000.1 1130**  
**Last Revised: 01/10/2025**
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