Posted by Brenda/FL on 5/14/13 6:38pm
Msg #469929

POA question

I have a signing for Mr. Borrower who is also signing as AIF for Mrs. Borrower. The POA is in Mrs. maiden name and the docs have married name that he will be signing. Is this ok? A first for me. TIA

Reply by LKT/CA on 5/14/13 6:49pm
Msg #469931

I would think that since he's the only one appearing before you, how he signs *his* name is the only thing that matters, since you're only ID'ing *him*. However, POA signings may be state specific so I'll sit back and wait to hear from FL notaries. This is an interesting question....looking foward to the replies.

Reply by Yoli/CA on 5/14/13 6:56pm
Msg #469933

What does hiring entity have to say about this? My understanding is that POA is approved before docs get to signing stage.

Reply by Brenda/FL on 5/14/13 7:01pm
Msg #469934

Copy of POA is in with the package, just wondering if anyone noticed or if it doesn't matter.

Reply by Linda_H/FL on 5/14/13 7:25pm
Msg #469937

I'm not so sure it's okay...I'd call title to

confirm - "reviewing package and I noticed that blah blah"...

Our statutes provide that we take their word that they have POA - we are not to see it or review it - so I'd say it's on title to get it right. However, for me, personally, if I have a POA saying John Doe is AIF for Jane Smith, but docs are John Doe and Jane Doe, I myself have a problem with that - and I would think title would too. Technically, he has POA for someone else and a good lawyer could have a field day with it.

But that's just me.

Reply by jba/fl on 5/14/13 7:31pm
Msg #469939

I would be calling title also - as Linda said: I noticed... n/m

Reply by Brenda/FL on 5/14/13 7:43pm
Msg #469946

Re: I would be calling title also - as Linda said: I noticed...

I don't like it, not that that matters. I sent an email to title and will call in the morning, signing is scheduled for 10 AM. Thank you for your replies!

Reply by Linda_H/FL on 5/14/13 7:49pm
Msg #469952

Good deal..let us know how it goes..

remember though - your certs are going to read "John Doe, AIF for Jane Smith" - not John Doe for Jane Doe - you have proof in your hand that's who the POA is for.. and you're taking his word for it that they're one and the same (that's where I have a problem with this whole scenario) - title may not accept that name discrepancy between docs and cert. If they never sent you the POA this wouldn't be an issue.

Good Luck.

Reply by Luckydog on 5/14/13 7:46pm
Msg #469948

Re: I would be calling title also - as Linda said: I noticed...

If the POA doesn't match what the docs say, I would let title know. Could be an old POA and need it updated with corrected name before closing. Title doesn't have a POA that states her current name, only her old one, so he technically cannot sign the new name that matches the docs, and the POA not valid. That is just my opinion. Maybe title will let him sign with a "NKA" Now known as or "FKA" Formerly known as, but then again has to have it worded right and get approval.

Reply by Jim/AL on 5/14/13 7:55pm
Msg #469955

Would not call title, would make my $$$ and not worry.

I understand the "I noticed end of it" and yes this could give you brownie points with TC.

I also think you are edging on UPL... it is not up to you to look at POA to determine it's legality, verbiage or anything else. If TC drew up docs correctly he will sign the way they state ie Mrs Smith by Mr Smith as AIF.

Remember KISS! What is the worst that could happen...TC finds error and you have to close again for another full fee.

Reply by Brenda/FL on 5/14/13 8:06pm
Msg #469962

Re: Would not call title, would make my $$$ and not worry.

UPL? Really? To ask a question to a title company? Wow Jim, totally unethical to me and a waste of the borrower's time. It's not all about the money.

Reply by Jim/AL on 5/14/13 9:10pm
Msg #469978

Unethical how?

UPL as in who are you to decide what the POA means.

IMO the TC wants it to close it more than u do...they are paid to cya.

Curious to hear what they say also.

Reply by Jim/AL on 5/14/13 9:11pm
Msg #469979

If it is not about the money than are you doing free closing

services.
My business model is for making $$$$$$$$$$$$$$.

Reply by Brenda/FL on 5/14/13 7:59pm
Msg #469957

Re: I would be calling title also - as Linda said: I noticed...

The POA is specific to this transaction so maybe she doesn't have identification in her married name? Crazy. Thanks for the luck I will let you all know tomorrow what title says.

Reply by SharonMN on 5/15/13 10:45am
Msg #470041

Re: I would be calling title also - as Linda said: I noticed...

I would definitely call title - this falls into the category of "things that aren't really my job but I noticed anyway." I'd mention that the POA gives the signer POA for a different person than named in the docs. However, I'd be willing to notarize per the name in the docs since it's their job to determine whether the POA is appropriate, not mine. As long as the signer has appropriate ID for himself. Perhaps title can have wife sign a signature/name affidavit later to tie it all together.

Reply by Brenda/FL on 5/18/13 5:12pm
Msg #470442

Update: Title says yes, the docs are fine. I get to the borrower's house and he says NO, I am not signing that way, my wife never took my name, that is not her legal name. I call Title from the table, they say, oh, yeah, we just sent you a new package with the correct name. Ughh, really? So, moral of the story, name on POA must match name on docs.