Posted by Lily on 7/26/05 8:11am
Msg #54681

POA signing ???

When I called to confirm with the borrower for tonight the lady tells me she will be signing using the husband's POA. The husband will be there but she feels it will be "too much" for him as he is ill. The borrower claims that she spoke to her LO and all is well... what worries me is it's AMERIQUEST! I've never done a POA signing before. I've tried to search and found a few things to be helpful but I would greatly appreciate input.

Reply by Lily on 7/26/05 9:05am
Msg #54698

Can't notarize several pages

If I'm understanding previous threads I've found, it seems that I can't notarize jurats and some acknowledgements in the loan packet. Any help would be greatly appreciated.

Reply by PAW_Fl on 7/26/05 9:12am
Msg #54700

Re: Can't notarize several pages

You can notarize acks and jurats for the signatures of the person in front of you. However, one person cannot take an oath for someone else, so when a jurat is completed, it is a statement that you gave an oath to the signer. Therefore ONLY the person present can take an oath.

An acknowledgment is exactly that. You are certifying that the person in front of you signed the document. That person, if approved by the lender, can sign for someone else by virtue of their POA, but your certificate shows only the person signing. And, depending on your state, your certificate may have to contain certain wording that they signed as an attorney-in-fact for someone else. Some states, like California, do not allow any capacity information in the certificate, while others, such as Florida, do require it.

You need to specify what state you are in to get the proper answer and correct procedure for someone signing with a POA. (From the notarial aspect.)

Reply by Lily on 7/26/05 9:31am
Msg #54706

Re: In Maryland

I've checked with the SOS and don't think I will be doing the loan. I am waiting to call CA now.

Reply by Lily on 7/26/05 9:32am
Msg #54708

Re: In Maryland

By the way...THANKS!