Posted by Anonymous on 12/11/05 10:37am
Msg #81846

POA/NY

I have searched the internet and my handbook and can't seem to find an answer. There is tons of info on POA's but not the signature thereof.
I had a signing service tell to to have Jane Doe who has POA for John Doe to sign as follows: Jane Doe as AIF for John Doe (I agree with this; just seems to make sense).
Title co. calls after receiving docs and wants me to go back out to have docs resigned John Doe by Jane Doe as his AIF.
Again, I just can't seem to find anything hard and fast on this. I don't think Jane ahould sign as John, she is not John.
I don't understand why something so straight forward has so much confusion attached to it and why we can get so many differing opinions.

Reply by Brad_Ca on 12/11/05 11:14am
Msg #81850

John Doe by Jane Doe as his Attorney in Fact is the correct way.

A Power of Attorney is a document which grants the legal authority for someone else to sign on behalf of another person. Quite often, for example, a spouse may execute a Poer of Attorney to the other spouse in case documents must be signed during a period of time when the spouse granting the Power of Attorney cannot appear before a Notary at the time of notarization.

John's name is on the documents, but she is executing them in her authorized capacity as his
Power of Attorney/Attorney in Fact. Hope that helps.

Reply by PAW_Fl on 12/11/05 6:55pm
Msg #81873

The "correct way" is the way the title company and/or lender want it to read. I've been directed in different ways:

John Doe by Jane Doe, his attorney in fact (preferred by most title companies and lenders)
John Doe by Jane Doe, Attorney in Fact (only one lender requested this way)
Jane Doe as attorney-in-fact for John Doe (recommended by the FL SOS but not by the title companies)

In FL you must note the capacity of the signer in the notarial certificate. Note that this requirement is for FL only, and possibly other states, but definitely not CA.

Reply by BrendaTx on 12/11/05 11:48pm
Msg #81885

**The "correct way" is the way the title company and/or lender want it to read. I've been directed in different ways:

John Doe by Jane Doe, his attorney in fact (preferred by most title companies and lenders)
John Doe by Jane Doe, Attorney in Fact (only one lender requested this way)
Jane Doe as attorney-in-fact for John Doe (recommended by the FL SOS but not by the title companies)**

Ditto - however the lender wants it done is the right way.

Reply by TitleGalCA on 12/11/05 11:22am
Msg #81851

Anonymous - if you had known how to work with a power of attorney in the first place, this wouldn't have happened. This is a good lesson and I'll bet you'll know how do POA signings in the future.

The title company is correct - if ever a *signing service* contradicts what the title company has told you, ALWAYS go with the title company. Signing Services are simply clearing houses for signings - the title company on the other hand is insuring the transaction, and they are the experts.

Reply by Anonymous on 12/11/05 12:53pm
Msg #81856

Message # 81494

Regarding this thread, is Marlene speaking to the signature in this thread in regard to jurat capacity/signatures only??

Reply by Anonymous on 12/11/05 1:12pm
Msg #81858

To TitleGal

I am not questioning or challenging you in any way but the POA sites I looked at state to contact the institution that you are signing for as POA for to detrmine how they want you to sign. Just seems to be a vague directive.

Reply by TitleGalCA on 12/11/05 7:44pm
Msg #81877

Re: To TitleGal - Anonymous

It is a vague directive, Anon, but not wrong. You see, nobody wants to be guilty of UPL (Uuthorized Pactice of Lw, in case you're new).

Still, it's the generally accepted way for signing under a power of attorney: "John Doe by Jane Doe, his Attorney in Fact". I'm sure at some point in time, some attorney established this, and it's been handed down as everybody has their first experience with a POA.

Chalk it up to it's just your lucky day to learn something. For me, I always count those days as good days. It never fails...as soon as I think I have something figure out (because it makes "sense") someone comes along and bursts my bubble.

Good luck to you.