The short answer is YES, you may send someone in your place to “close” for you. A closing is essentially a “signing” of documents, documents drafted by both the closing attorney and your lender. Therefore, the question of whether you can send someone else in your place is really “can someone sign my documents on my behalf?”
Again, the answer to that question is YES, you may have someone sign on your behalf. PLEASE BE AWARE, you need to notify your lender first and then the closing attorney that you are planning on not attending the closing. Better yet, you need to ASK your lender whether they will allow someone to sign using a Power of Attorney that you have given to your designated person. Some Lenders frown upon the use of a Power of Attorney to sign their loan packages and some lenders will not allow you to do so, whether by choice or because the loan product they are providing to you does not allow a Power of Attorney to sign on your behalf.
A Power of Attorney is a form that you would sign as the buyer, giving someone (your spouse as an example) power to sign documents on your behalf and to bind you to the terms and conditions of those documents. If your lender allows the use of a Power of Attorney, you need to notify your closing attorney immediately of your plans to not attend closing. This will allow them to coordinate with the lender to ensure the lender fills out the loan documents correctly.
So YES, send your mom, your brother, your spouse to close on your behalf, but make sure you (i) ask your lender’s permission (ii) notify your closing attorney and (iii) buy whomever signs on your behalf lunch because they will have a massive amount of signing to do! Conrad, Trosch & Kemmy has a knowledgeable real estate department and we would be happy to assist you with your closing. Please call the office and speak to one of our skilled paralegals for more information.