Posted by Laurie_PA on 9/22/06 10:07am
Msg #147737

POA question

I'm waiting on a phone call back from SOS but I thought I'd throw it out here while I'm waiting.
I have a LO who is asking for docs to be signed by POA (sounds like husband for wife) but he only has a copy and a fax copy (w/certificate) of the POA (wife has original).
This sound a little hinky to me and am trying to find out what the correct procedure for POA is.
Is the only way this is acceptable is if the POA is original?

Reply by MichiganAl on 9/22/06 10:20am
Msg #147742

For YOUR purposes, you don't need the original. It's not your responsibility to determine the authenticity of the P.O.A.

Reply by Laurie_PA on 9/22/06 10:26am
Msg #147747

Thanks for reply. NNA said same thing.

Reply by Lee/AR on 9/22/06 10:35am
Msg #147757

But you do need Lender approval on POA

They usually give you a heads up that's it's going to be a POA signing. If you get there & the B just springs this on you...CALL before continuing. Also, you do not even need to see said POA, much less determine its' authenticity or legality in the situation. That should have already been done by Lender.

Reply by Linda_H/FL on 9/22/06 10:39am
Msg #147761

Re: I know this has been said before, but..

The NNA states the following re POA's:

"Confirm that the power of attorney applies. NSAs should make sure that the attorney in fact is authorized to sign for the principal in a loan transaction. Powers of attorney may be general or specific. General powers of attorney enable the attorney in fact to sign in all circumstances, while specific powers of attorney allow signing only for the specified purpose outlined in the power of attorney".

Now *I* this this is outside our scope - it's asking for a legal interpretation of a prior-signed legal document - IMO

Reply by Lee/AR on 9/22/06 10:57am
Msg #147774

Consider the source... ahahahahahahaha n/m

Reply by Linda_H/FL on 9/22/06 11:01am
Msg #147776

Re: Consider the source... ahahaha..LOL..I did..:).. n/m

Reply by PAW on 9/22/06 2:35pm
Msg #147830

Re: I know this has been said before, but..

The NNA is in complete discord with what is stated in the Florida Governor's Reference Manual as it pertains to POAs. In FL, it is completely up to the signer(s) of the document to attest to the fact that they have the power granted to them. The notary does not need to see a copy.

From pg 40 of the FL manual: "It is not the notary‘s responsibility to ensure that the signer has power of attorney. The person states he has that authority and indicates this fact when he signs - just accept his word."

However, lenders typically need to pre-approve the use of a POA, and may therefore, ask the NSA to get an original (or copy) of the POA to return with the docs.

Reply by sue_pa on 9/22/06 11:28am
Msg #147789

I believe PAN's newest position is that you are to attach a copy of the POA to every document - I don't that but I do keep a copy for my records.