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· 9 min read

Closing from abroad: power of attorney, remote notary or embassy

How an international buyer or seller can sign a US closing without flying in: remote online notary, US embassy, local notary with apostille, or power of attorney.

Illustration of the steps a reply goes through

A buyer in São Paulo has an accepted offer on a Miami condo, closing in five weeks, and she is not flying in. A seller in Madrid has the same problem: the deed needs his signature, two witnesses and a notary.

Both can close without traveling. There are three common ways to sign from abroad: with a remote online notary, at a US embassy or consulate, or before a local notary with an apostille. Or the client signs one power of attorney that way and someone in the US signs at closing. Which works depends less on your client than on the title company, the lender and the state.

This guide is for the agent coordinating it. The examples use Florida law, where many of our readers work. Other states differ.

This is not legal advice. Requirements vary by state, title company and lender, and they change. The closing agent, a real estate attorney and the lender decide what they will accept. Every statute and page below was checked on October 27, 2026.

First call: the title company

Before explaining options to your client, ask the title company or closing attorney:

  1. Which signing methods do you accept for this deal: remote online notarization, a US embassy, a foreign notary with an apostille, a power of attorney?
  2. Which documents does my client sign, and which need witnesses?
  3. If there is a loan, what has the lender approved?
  4. Do you need originals, and where?

Don't let the client book anything until you have answers. A consulate appointment is wasted if the title company wanted remote online notarization, and a power of attorney drafted by a lawyer back home is a risk if the title company or lender wants to draft or approve it.

Witnesses catch people out. In Florida, a deed is signed in the presence of two subscribing witnesses (s. 689.01), and a power of attorney needs the principal's signature, two witnesses and a notary (s. 709.2105).

Route 1: remote online notarization (RON)

The client signs electronically on a recorded video call with a notary commissioned in a US state. Florida's rules are in part II of chapter 117 of the Florida Statutes. What matters for an agent:

  • The notary is in Florida; the signer can be elsewhere. A Florida online notary must be physically in Florida, but may notarize "regardless of whether the principal or any witnesses are physically located in this state" (s. 117.265(1)). For a signer outside Florida, the notary must confirm the signer wants a Florida notary under Florida law (s. 117.265(3)). The statute does not separately address signers outside the US, so ask whether the title company's platform handles your client's country.
  • Identity checks can stop a foreign client. Unless the notary knows the signer, the signer must show a government ID remotely, pass credential analysis of that ID, and pass identity proofing such as knowledge-based authentication. If any step fails, the notary may not proceed (s. 117.265(4)). Under Florida's minimum standards, the questions come from data tied to the signer's Social Security number or other identification information (s. 117.295(3)). A client with no US records may struggle here. Ask before scheduling.
  • Remote witnesses must be in the US. Florida lets deed witnesses attend by video (s. 689.01(2)), but a witness who is remote from the signer must confirm they are a US resident and physically in the US (s. 117.285(4)). A power of attorney with banking or investment powers signed with fewer than two witnesses physically present triggers extra screening questions (s. 117.285(5)).
  • The notary fee is capped. A Florida online notary may charge no more than $25 per online notarial act; platform fees are separate (s. 117.275).
  • It is all recorded. The video and journal are kept at least 10 years (s. 117.245).

Outside Florida, most states allow remote online notarization, but not all, and rules differ. The US Embassy in Madrid's notarial services page puts the number at 47 states. Check the state where the property is.

Route 2: a US embassy or consulate

US embassies and consulates notarize documents for people of any nationality. The pages for Spain and Brazil cover real estate documents and powers of attorney, and set out the basics:

  • Appointment only. Spain offers notarials in seven cities, including Madrid and Barcelona; Brazil in eight, including São Paulo and Rio de Janeiro.
  • $50 per consular seal. That is the federal fee (22 CFR 22.1, item 41). The Brazil page notes the fee is per seal, not per document, so a packet that needs three seals costs $150.
  • Bring the whole document, unsigned, plus a valid government ID. The client signs in front of the consular officer.
  • Bring your own witnesses. Both pages say consular staff cannot act as witnesses. For a Florida deed or power of attorney, the client needs two people at the appointment.
  • No legal advice, no apostilles. Officers will not explain or assemble documents. The Brazil posts notarize only documents in English.

Some clients prefer signing in front of a US official. The cost is time: an appointment, travel to that city, and a courier for the originals.

Route 3: a local notary and an apostille

The Hague Apostille Convention replaces the old chain of legalizations with one certificate, the apostille, issued by the country where the document was signed. The HCCH status table lists 130 contracting parties, including the United States, Spain, Brazil, Mexico, Colombia and Argentina. Check your client's country there; if it is not a party, the apostille is not available and an embassy is usually the simpler route.

Florida accepts acknowledgments taken abroad before a notary of that country who has an official seal, and also before US consular officers (s. 695.03(3)). The client signs before a local notary, the competent authority adds the apostille (in Brazil, certain cartórios, per the embassy), and the original is couriered to the title company.

Two warnings. The title company still has to accept it: the US Embassy in Madrid says Spanish notarizations with an apostille and a sworn translation are recognized in the US, but advises checking that the recipient of a private transaction accepts them. And foreign notaries work under their own system, so ask whether the local certificate must follow the title company's acknowledgment wording.

Power of attorney: someone else signs

The client signs one power of attorney (POA), through one of the routes above, and an agent in the US signs at closing.

  • Specific vs general. A specific POA covers one transaction: this property, these acts. A general POA grants broad powers. In Florida, an agent may only exercise authority specifically granted, and clauses like "do all acts the principal can do" are not express grants (s. 709.2201(1)). A vague general POA may not be enough to sell or buy real estate.
  • Out-of-state POAs. A POA signed in another US state under that state's law is valid in Florida, but whoever is asked to accept it may request an opinion of counsel at the principal's expense (s. 709.2106(3)).
  • Recording. An original POA used to affect title may be required for recording, and an original can be recorded with the county clerk (s. 709.2106(5) and (6)). Courier the original, not a scan.
  • Lenders restrict it. For loans sold to Fannie Mae, the POA must reference the property address and be notarized, and the lender gets a copy. Unless the agent is the borrower's relative, lenders and their employees cannot serve, and others tied to the deal, such as the seller, the loan originator or title company staff, are restricted too (Fannie Mae Selling Guide B8-5-05). Other lenders set their own rules. Ask the loan officer before anyone drafts a POA, and don't offer to be the agent yourself.

A seller abroad has more to plan. When the seller is a foreign person, the sale is generally subject to FIRPTA withholding (IRS); see our FIRPTA guide for agents. Buyers who are still deciding can start with can foreigners buy property in the US.

Comparing the routes, with a timeline

$25maximum Florida notary fee per online notarial act (platform fees extra)Fla. Stat. s. 117.275
$50per consular seal at a US embassy or consulate22 CFR 22.1
130contracting parties to the Hague Apostille ConventionHCCH
Remote online notaryUS embassy or consulateLocal notary + apostille
SpeedFastest once set up: no travel or courierDepends on appointments, plus courierNotary, apostille, courier: the most steps
CostUp to $25 per act in Florida, plus platform fees$50 per consular seal, plus courierLocal fees vary; courier, maybe translation
What the title company needsIts approved platform, documents ready for e-signingOriginal packet with consular sealsOriginal with apostille, in a form it accepts
PitfallsIdentity checks a foreign client may fail; remote witnesses must be in the USClient brings own witnesses; documents unsigned and completeTitle company may refuse it; certificate wording may differ

A working timeline, to adjust once the title company answers:

WhenWhat happens
At contract (or listing, for a seller)Ask where the client will be at closing. Tell the title company and lender.
4 weeks before closingConfirm the signing method with the title company and lender. If using a POA, get its form approved.
3 weeks beforeBook the embassy appointment or confirm the RON platform can verify the client. Arrange witnesses.
2 weeks beforeClient signs the POA or the closing packet. Apostille if needed. Courier the originals with tracking.
1 week beforeTitle company confirms the originals are acceptable. Client confirms wire instructions by phone.
Closing dayRON session, or the agent signs under the POA.

Coordinating on WhatsApp, and wire fraud

Most of this happens in chat, across time zones. Keep your role clear: you organize; the title company and the client's advisers decide.

Seller in MadridWhatsApp
  1. Hola, ¿tengo que viajar a Miami para firmar la escritura?Hi, do I have to fly to Miami to sign the deed?
  2. No. La compañía de título acepta firma en el consulado de EE. UU. o con notario en línea. ¿Qué prefieres?No. The title company accepts signing at the US consulate or with an online notary. Which do you prefer?
  3. El consulado. ¿Y los testigos?The consulate. And the witnesses?
  4. Lleva dos testigos tú; el personal del consulado no puede serlo. Te mando los documentos sin firmar esta semana.Bring two witnesses yourself; consulate staff can't be witnesses. I'll send the unsigned documents this week.
  5. Perfecto. ¿Cuánto me van a retener de impuestos?Great. How much tax will be withheld?
  6. Eso te lo tiene que confirmar un contador o la compañía de título, no yo. ¿Te paso un contacto?An accountant or the title company has to confirm that, not me. Want me to send you a contact?

Send one more message early, and again before closing: wiring instructions never change by email or WhatsApp; confirm any change by calling the title company at a number you already have. The FBI's Internet Crime Complaint Center advises verifying account-change requests through a secondary channel and, if money goes to the wrong account, asking the bank for a recall immediately and filing at ic3.gov (IC3 PSA I-091124-PSA).

Your checklist for every client abroad:

  • Signing method confirmed in writing by the title company and lender.
  • Witnesses identified and arranged for every document that needs them.
  • Client's ID matches the documents and works for the chosen method.
  • POA, if used, specific to the property and approved in advance.
  • Originals couriered with tracking; wire instructions confirmed by phone.
  • Tax and legal questions sent to the right professional.

Where Replint fits

International clients write when it is morning for them and night for you. Replint answers WhatsApp leads in seconds, 24/7, in English or Spanish, and books calls into your calendar. When a client asks a legal or tax question, like the withholding question above, Replint doesn't answer it: it drafts a reply for you and alerts you. For leads from ads, see how to answer click-to-WhatsApp ad leads. Replint is in early access for US agents and teams.

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