Posted by ken/ca on 7/15/05 4:10pm
Msg #52521

BRW wife not available to sign, he as POA for her, do I need

a copy of the POA or do I just have him sigm "mike Jones, attorney in Fact, for May Jones?????

Reply by droman/IL on 7/15/05 4:17pm
Msg #52524

He can sign as indicated, AND you need a copy of the POA. (Actually, should be an ORIGINAL).

Reply by Jon on 7/15/05 4:27pm
Msg #52532

Re: BRW wife not available to sign, he as POA for her, do I

In Ca, we DO NOT need to see the POA. We are not allowed to certify capacity. That is why Ca wording for an ack includes "...executed in his/her/their authorized capacity..." The signer is responsible for capacity, not the notary.

Reply by SarahBeth_CA on 7/15/05 4:20pm
Msg #52526

Re: BRW wife not available to sign, he as POA for her, do I

If Mike Jones is Atty In Fact for May Jones he signs as follows

May Jones, by Mike Jones, attorney in fact
or
Mike Jones, Attorney in fact for May Jones, principal

I prefer the first. As a notary you are not required to see the POA. You record his ID and signature in the journal and note AIF for the principal. As a signing agent you only need a copy of the POA if it is requested by the lender, you then get one and put it in the package sent to lender.

A HUGE THANK YOU to Terry, Lancaster for helping me understand this as I had incomplete information.

Reply by ken/ca on 7/15/05 4:35pm
Msg #52535

thanks, and so then it is true that aif is the correct .....

verbiage to be added?

Reply by droman/IL on 7/15/05 4:42pm
Msg #52536

Re: BRW wife not available to sign, he as POA for her, do I

While CA law doesn't require the POA, IL law doesn't make mention of this situation in our handbook. However, any closings I have completed where there was someone signing as a POA, the original signed POA needed to be at the closing and sent back with docs. Aside from lender requirement, I personally would want to see the POA if for no other reason than to CYA.

Reply by SarahBeth_CA on 7/15/05 4:48pm
Msg #52538

Re: BRW wife not available to sign, he as POA for her, do I

Ken if your asking about AIF on the docs that require initials yes AIF is good.

Reply by Pete/NY on 7/15/05 4:58pm
Msg #52541

Re: BRW wife not available to sign, he as POA for her, do I

Whenever I've had a POA, I have been requested to send the original POA back with the docs only if the copy does not have the county recording stamp on it. If it does, the copy is ok to send back. That's what I've been doing.

Reply by IrisWA on 7/15/05 5:31pm
Msg #52547

Re: BRW wife not available to sign, he as POA for her, do I

Opinion follows:

dittoing some things already said (i.e., just ask to see the POA to CYA -and- sign "Mrs. B by Mr. B, attorney in fact"/initials "MB by MB,aif") ...

However, as to the actual piece of paper POA -- there should be instructions in your Escrow Instructions. If there aren't, then I wouldn't worry about getting the actual piece of paper in the pack -- unless either your state law speaks to that issue OR it's an extra copy the Borrowers don't mind parting with.

I've had situations where a certified copy of the POA was required, situations where a noncertified photocopy was sufficient, and situations where no copy was necessary for the Lender.