Posted by tidarod on 3/2/08 11:14pm
FYI...How to sign loan documents with a power of attorney
An escrow officer explained this to me so I thought I would share. I have this noted in my notary book, just in case I need it.
John Doe has power of attorney for Sue Doe, who is out of the country. The documents for Sue Doe are signed as follows
Sue Doe by John Doe as her attorney in fact
S.D. by J.D as her attorney in fact
You would only notarized John Doe signature, since he is the one signing the documents.
If you do it another way, please share.
Reply by LKT/CA on 3/2/08 11:43pm
Thanks, and may I add....when completing the ack and jurat certificates, they should also reflect the POA signing status.
Example: If John Doe is only signing for Sue Doe then the Ack or Jurat cert. would read:
John Doe as Attorney-In-Fact for Sue Doe
If John Doe is also signing the docs, then the certs would read as:
John Doe, Individually and as Attorney-In-Fact for Sue Doe
I did a signing Friday, utilizing a POA....wife signed her name and hubby's though it was much longer with full names for both....
Reply by Therese on 3/3/08 1:25am
Correct me if I am wrong but....
wouldn't that be notarizing capacity?
California does not allow the capacity in the notary certificate. Section 1189 2007 SOS handbook.
You can reference capacity in the optional block.
I have seen some instructional books suggest filling out the
notarial block as followed:
John Doe (NOT the absent signer, Mary J. Smith)
Reply by JanetK_CA on 3/3/08 2:16am
After all, who is it that is personally appearing before the notary? IMO, to say otherwise is getting into the capacity issue, as you suggested.
Reply by CaliNotary on 3/3/08 11:44am
You're right, LKT is wrong
you don't put anything on the notarial certificate other than their name.
As for the instructional books suggestion, completely unnecessary, and probably not legal either. If you're stating John Doe appeared in front of you doesn't that make it perfectly clear that he's not Mary Smith? We really don't need to dumb it down that much.
Reply by LKT/CA on 3/3/08 12:23pm
I stand corrected...
The signing I did was not CA.....I apologize and stand corrected for this error.
It is notarizing capacity to put that in the ack or jurat for CA and this is a state specific issue.
Reply by GWest on 3/3/08 1:05pm
Re: I stand corrected...
Are you saying that you can notarize capacity for an out of state Acknowledgement? Per CA handbook "A notary public may complete a certificate of acknowledgment required in another state or jurisdiction of the United States on documents to be filed in that other state or jurisdiction, provided the form does not require the notary public to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California Lao.
Reply by GWest on 3/3/08 1:07pm
Re: I stand corrected...
sorry for the typo at end: should be "certifications not allowed by California LAW"
Reply by LKT/CA on 3/3/08 1:41pm
Re: I stand corrected...
No, sorry for the confusion.
Reply by sue_pa on 3/3/08 6:38am
once again, TERRIBLE advice
to generalize like this is just wrong and probably state specific. This is COMPLETELY different than the way our state instructs us.
the PROBLEM with these type posts are, as has been so kindly pointed out lately, is that there is one person posting/asking and hundreds reading/"learning". What if those lurkers don't do their own homework and feel just because it's written here it's correct?
Reply by LKT/CA on 3/3/08 1:51pm
Re: once again, TERRIBLE advice
This is a state specific, and I should have clarified and did stand corrected but it not *terrible* advice. You do have a point about offering general information, as the states are all different in how they instruct notaries.
<<<What if those lurkers don't do their own homework and feel just because it's written here it's correct?>>>
Lurkers are responsible for what they do with info they read on message boards.
Reply by Lee/AR on 3/3/08 7:22am
Whoa... this is a state-specific issue. n/m
Reply by PAW on 3/3/08 8:32am
Not only state specific ...
... but lenders and title companies often have their own way of doing things. Whenever you (collectively speaking) are doing a POA signing, always check with the title company or lender if specific instructions are not provided. Many states provide guidelines on how an attorney-in-fact is suppose to sign, but ultimately the decision is the lender's and/or title company's.
Reply by CF on 3/3/08 11:58am
Re: Not only state specific ...
Always ask how the company WANTS the POA to be signed.....you would not believe the differences that I have been told to use over the years. Just make sure to ask and get them to email it to you.....print it off and give a copy of it to the singer.....so they dont screw it up. Also, then you have it in writing when the county rejects it for not being state specific.....and you can prove that you did NOTHING wrong- only following the directions that were given. Just my 2 cents!!!