Posted by Reginald williams on 10/25/07 9:07pm
Msg #218329
Signing with POA
I was assigned an a signing in ohio but the husband won't be there. They stated that the wife has POA for the husband. Has any Had any issues with POA's
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Reply by CopperheadVA on 10/25/07 9:18pm
Msg #218332
It's no big deal - just read up in your state's notary handbook to see how you are supposed to do the notary certificate. There should be some specific wording listed for someone signing with a POA. For my state it's: The foregoing instrument was acknowledged before me this (date) by (name of Attorney in Fact) as attorney -in-fact on behalf of (name of principal). You may have to correct any incorrectly pre-printed notary certificates.
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Reply by Ernest__CT on 10/25/07 9:18pm
Msg #218333
You MUST get approval from the lender, title company, and ..
... the firm that has arranged for your services.
Some places want an ORIGINAL Power of Attorney sent with the docs.
Be careful.
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Reply by CopperheadVA on 10/25/07 9:23pm
Msg #218335
Re: You MUST get approval from the lender, title company, and ..
That's true - lender must be aware of and approve ahead of time. And they usually tell you to obtain the original POA and return with the docs. Sometimes they already have it on file, though.
Also, if they haven't already instructed you, be sure to ask exactly HOW the lender wants the docs signed by the attorney in fact - there are several different ways of doing it and they must tell you how they want it done. I usually write it out for the signer as an example if it's not already pre-printed on the docs. If it's a CW loan, the POA instructions are contained somewhere within the infamous 23 pages of closing instructions.
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Reply by CopperheadVA on 10/25/07 9:25pm
Msg #218338
Clarification
Clarification - I write out the example on a piece of scratch paper or a sticky note, not on the docs!
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Reply by Lee/AR on 10/25/07 9:30pm
Msg #218343
Re: Clarification
I've found this idea to be very, very helpful. Even if it is typed out, their hand is generally covering the EXACT wording & 'the scratch paper' makes it go faster & is almost goof-proof.
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Reply by Sandra Clark on 10/25/07 9:26pm
Msg #218339
Re: You MUST get approval from the lender, title company, and ..
Every co. I have worked for that wanted/used a POA had their own wording and required an original POA to be returned with the docs. I would check with the company that hired me and have them send their wording to me via email so that I would have a way to back-up what their precise wording instructions were. JMHO
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Reply by Tannis Zamora on 10/25/07 9:46pm
Msg #218347
I had a signing where I was informed that there would be a POA by the POA individual as her husband was out of state. She said we do this all of the time. He had gone and gotten a POA specifically for this signing in the state he was in. She also had another POA that was for general purposes.
Didn't matter to me. I called the Hiring Agency for advice. They told me to proceed with the signing, return the original POA with the paperwork. Told me the verbage to use.
I followed the instructions to the letter. One week later, I was called to go back and redo the whole package that the hubby was IN TOWN. TC had rejected the POA.
Fortunately I was paid full fee both times.
These situations you just have to be very careful. Good luck.
tannis zamora TN
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Reply by Linda Juenger on 10/25/07 10:01pm
Msg #218349
Question about "Original" POA
I know that lenders require the "Original" POA, but do they return the orginal to the borrower after the loan has funded? What if the "original" is needed for something else down the road? I have often wondered this and don't know the answer. Or, do borrowers get a POA specifically for this loan? And need another/different one to say, buy a car? Just wondering??
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Reply by Teresa/FL on 10/25/07 10:28pm
Msg #218356
Re: Question about "Original" POA
I've done many loan signings where a POA was used. In my experience, the POA has been specific to the transaction and the TC required the original POA to be presented so it could be recorded along with the mortgage. It is unusual for a lender to allow a durable POA to be used for a mortgage closing.
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Reply by Joan_OH on 10/25/07 11:01pm
Msg #218363
Ohio Revised Code 147.55
(D) “For an individual acting as principal by an attorney in fact:
State of…...................................
County of…..................................
The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact on behalf of (name of principal).
(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)”
Joan-OH
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Reply by PJM/MI on 10/26/07 7:24am
Msg #218384
BE VERY CAREFUL!!!
I am in the midst of a lawsuit right now because of a POA.
Yes.. I followed the instructions to a "T" and even had approval from the title company. It was a bogus POA.
P/M me if you'd like for the "Rest of the story".
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Reply by CopperheadVA on 10/26/07 7:47am
Msg #218385
Re: BE VERY CAREFUL!!! - Tell all of us the story!
I'm sure we all want to hear - post to the forum please!
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Reply by Terri_CA on 10/26/07 11:20am
Msg #218437
Re: BE VERY CAREFUL!!!
Here in CA, believe it or not, if someone "says" they have POA, the notary does not require proof to perform the notarization because the only info that goes into the certificate is the name of the person IN FRONT OF US. However, if named as a defendant, you have to defend yourself  (I have had situations where the lender required proof be sent back with docs.)
Please keep us advised on how this goes. We're all ears (eyes)! Here's hoping everything goes well for you.
Terri
Lancaster, CA
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Reply by dickb/wi on 10/26/07 12:53pm
Msg #218470
please remember that you can not notarize a jurat that...
the poa signs on behalf of the person that they have a poa for.......unless they sign it jane doe as poa for john doe...then you notarize jane does signature....the person taking the oath must be before you in person........my .02 cents
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Reply by Reginald williams on 10/26/07 3:30pm
Msg #218500
Re: please remember that you can not notarize a jurat that...
well since there was no straight foward answer and my gut was telling me not to do it, I didn't. The whole thing was kind of confusing. The Husband worked locally at a federal instution and it seemed kind of strange.
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