Posted by Jasmin/CA on 7/2/05 6:39pm
Msg #49628

Signature Affidavit-Power of Attorney

I am confused

The borrower is Maria Gomez
The Attorney in fact is Julio Gomez

In the signature affidavit - Is OK for Julio to sign ?
He signs - Maria Gomez by Julio Gomez her attorney in fact ?

Help !

Reply by PAW_Fl on 7/2/05 7:11pm
Msg #49630

NO. An attorney-in-fact cannot take an oath for the principal, therefore the attorney-in-fact cannot sign a document that has a jurat attached. So, for the name affidavit, which is usually a "sworn" document, Julio Gomez cannot sign for Maria Gomez.

Actually, any of the documents where the signers are "duly sworn", placed "under oath", etc. and has a jurat, only the signer that is physically present and given the oath can sign the document and you can only complete the jurat for the person you placed under oath.

Reply by Nick in Sacto/CA on 7/8/05 2:01am
Msg #50514

Would this still be true even if it was an acknowledgement, not a Jurat?

Reply by PAW_Fl on 7/8/05 9:32am
Msg #50538

Not all signature "affidavits" require the signer to be placed under oath, and they have acknowledgments attached. Not a problem then, for an AIF.

However, under Florida law, "The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required." (FL s. 117.03) Therefore, if the document starts out that the signer is "duly sworn" or "under oath", we are mandated to use a jurat. An AIF cannot take an oath for someone else.

Again, if there is no indication that an oath is required, and an ack is used, there is no reason the AIF cannot acknowledge for the principal.