In the coastal real estate markets of New Hanover, Pender, Onslow, and Brunswick counties, closing day doesn’t always align with the reality of a busy life. Whether you are an active-duty service member stationed at Camp Lejeune, a seasonal resident heading back north from Oak Island, or an investor managing a portfolio in Wilmington from another state, you may find yourself unable to physically attend your closing.

When you cannot be present to sign the mountain of paperwork required by North Carolina law, a Power of Attorney (POA) becomes your most critical logistical tool. However, not all POAs are created equal, and using the wrong one can lead to a last-minute rejection by your lender or the county Register of Deeds.

Specific (Limited) POA vs. General POA

In a real estate context, the distinction between a “General” and a “Specific” (or Limited) Power of Attorney is a matter of both security and legal acceptance.

• General Power of Attorney: This grants an individual (your “Attorney-in-Fact”) broad authority to act on your behalf in almost all financial and legal matters. While it covers real estate, many lenders in Hampstead or Leland are hesitant to accept a General POA because it lacks the specific details of the transaction at hand.
• Specific (Limited) Power of Attorney: This is the gold standard for Southeastern NC real estate. It is drafted for a single purpose: the purchase or sale of a specific property. It typically includes the property address, the legal description, and the specific dates it is valid. Lenders and title insurance companies overwhelmingly prefer this document because it minimizes the risk of unauthorized activity.

The Lender’s Final Say

Even if you have a perfectly drafted Specific POA, the ultimate authority in a financed transaction is your mortgage lender. Under current 2025 lending guidelines, most banks require the following before they will allow a POA signature:

• Prior Approval: You cannot show up to the closing table with a surprise POA. The lender must review and approve the document—and the person you’ve appointed—usually at least 48 to 72 hours before closing.
• The “Living” Requirement: On closing day, the attorney or notary in Surf City or Jacksonville may be required to verify that the person granting the POA (the “Principal”) is still alive and has not revoked the authority.
• Recording Requirements: In North Carolina, any POA used to sign a Deed or a Deed of Trust must be recorded with the County Register of Deeds. This adds a small recording fee to your closing costs and requires the original document to be physically present at the attorney’s office.

Strategy for Coastal Relocations

If you are buying a second home in Wrightsville Beach or Topsail, do not assume your out-of-state POA will work in North Carolina. Our state has specific statutory requirements for how a POA must be witnessed and notarized to be “recordable.”

A common strategy is to have your local Cape Fear closing attorney draft a North Carolina-specific Limited Power of Attorney. This ensures the document meets the exact standards of the local Register of Deeds and satisfies the title insurance company’s requirements for a “clean” chain of title.

Your Next Step

Managing the moving parts of a coastal real estate closing requires a partner who anticipates logistical hurdles before they become delays. At Aspyre Realty Group, we are experts in listening and communicating people’s wants into homes that work for them. We act as your strategic partner and guide, working closely with local legal professionals to ensure your Power of Attorney is executed correctly, allowing your closing in Southeastern North Carolina to proceed smoothly, whether you are in the room or across the globe.