Posted by CHRISTINA PRICE on 1/7/12 9:37am
Msg #408430

power of attorney in california

whats the correct wording for power of attorney to use on loan documents when borrower is signing.

Reply by Linda_H/FL on 1/7/12 10:03am
Msg #408431

As your hiring party how they want it done... n/m

Reply by Linda_H/FL on 1/7/12 10:42am
Msg #408435

Oops...that would be "ask" your hiring party... n/m

Reply by Lee/AR on 1/7/12 4:12pm
Msg #408443

Linda is right. Best to ask & get it in writing if you can

'Sign as typed' may or may not be right. I once was told she was to 'sign as typed'--Joe Doe by Jane Doe, his attorney in fact. They later decided they wanted it signed: Jane Doe, as attorney in fact for Joe Doe. 1 loan/2 trips/2 fees, but Jane was not a happy camper.

Reply by ikando on 1/7/12 4:20pm
Msg #408444

Re: Linda is right. Best to ask & get it in writing if you can

As Lee says, best to ask. I know that in Oklahoma estate planning documents, the power of attorney says, "John Doe by Jane Doe, his attorney in fact", but different venues may want different phrasing. Each circumstance may vary.

Reply by GOLDGIRL/CA on 1/8/12 1:56am
Msg #408459

Generally speaking, the correct wording for CA is:

Borrower's name by POA's name as his/her attorney in fact.

Example: Fannie Foozie by Betty Boozie as her attorney in fact.

Initials: FF by BB PoA

Short of other instructions from the lender, it's likely you'll be OK with this form. You could also glance through the loan's Closing Instructions - it's occasionally printed there.

Reply by JanetK_CA on 1/8/12 2:42am
Msg #408460

Does California really have anything to do with it? I always thought that it depended on the lender preference - and I've gotten different answers when I've asked in the past...

Good suggestion to look through closing instructions. With a little bit of luck, they might even provide instructions on how they want it signed.

Reply by BrendaTx on 1/8/12 7:17am
Msg #408461

Agree, Janet. TCs/Lenders often want the AIF

language included.

I don't think the state has anything to it.

My fallback is

John Smith, as attorney-in-fact
on behalf of Janet Smith

But, that's not the "right" way.

Reply by GOLDGIRL/CA on 1/8/12 1:22pm
Msg #408470

Good question, Janet, one that I've wondered about, too. I've never seen any code/law that sez how it's supposed to be, so I have no idea how this "CA wording" came about. All I know is that over the years when I've been given instructions and/or when I've asked for them (or just happened to see instructions), they have always been the same - exactly as I posted earlier and always "must use in CA." Occasionally, written instructions would include other signing variations but they were options for other states.

So, like I said, minus any other input, I would think the OP could rely on the "CA wording" to get her through this time.

Reply by leeinla on 3/17/12 9:52pm
Msg #415278

When you are in a situation when the person tell you that they are signing as P.O.A, what is your response on the phone? Are you suppose to see the original power of attorney. I know in CA we can certify copies of power of attorney. I am new to this P.O.A stuff and any help would be appreciated.

Thanks,

Lee