Posted by Michelle/MI on 12/8/05 8:53pm
Msg #81299

POA and separate signing questions

I arrived at a signing tonight and the husband said that the wife had to go to the hospital and would be there for a few days. He said he called his attorney and was told to do a POA and have it witnessed. He produced a notebook sheet of paper with a handwritten letter giving him permission to sign for her. She signed it, put her dob, ss#, and driver's license number on it. There was a witness signature that the husband said belonged to the wife's sister. He had the wife's driver's license there so I could see it. The piece of paper was not notarized, just witnessed by the sister.

I did not feel comfortable with this and could not reach anyone to ask about it so I went ahead and signed him. Still no call back from ss by the end so I told him I would go to the hospital if she was up to it and have her sign there. It was a small package and wasn't a problem.

Questions (yes I did a search): Have you ever seen a POA like this? Don't they have to be notarized? I know they have to be approved by the title co. ahead of time but the borrower kept asking why it wouldn't work when his attorney told him it would.

Since I signed them both the same day do I have to do separate ack's and jurats or leave it all as is?

Thanks in advance.

Reply by Becca_FL on 12/8/05 9:03pm
Msg #81303

The lender must approve the a POA and needs the original to record. I notarized a hand written POA just last month. It's not our concern as to the legality of the doc. Did you look through your SS instructions? Sometimes you'll see something to the affect that so and so must be in attendance. Personally, I would not have signed the Mr. w/o the wife present. Why didn't you have Mr. B call his LO?

Reply by Michelle/MI on 12/8/05 9:29pm
Msg #81311

There was nothing in the ss instructions re: a poa. My main concern was that the title co. hadn't approved it (although he said that his lo was aware of it but lo's don't always know these matters) and it was not notarized (I wasn't sure if it needed to be and I couldn't do it b/c she had already signed it and didn't appear before me saying she did sign it). Luckily it wasn't a big deal for me to buzz over to the hospital. I'm just not sure if I need to do double ack's and jurats or use the joint ones (since it was the same date). I'm curious as to why you wouldn't sign the Mr. w/o wife present. If I signed them both on the same date why does it matter if they weren't together? Thanks, I appreciate your feedback and opinion.

Reply by Becca_FL on 12/8/05 9:40pm
Msg #81316

>>>I'm curious as to why you wouldn't sign the Mr. w/o wife present. <<<

Well, If it was a Co that I worked with a lot I would have made two seperate trips to get the job done. However, if it were a SS that I had little experience with, I would have left messages for all involved to let them know the Mrs. was not available. If the hospital was close and you had the time, I think it's great that you completed your assignment. You get A - plus extra credit for going above and beyond.

Remember each situation is diferent. You did the right thing by not having Mr sign w/ POA. Consider your good deed done for the day.

Reply by Michelle/MI on 12/8/05 10:12pm
Msg #81330

Thanks, Becca. I do work with them a lot and trust that they will make it up to me, especially since we're in the middle of a snow advisory right now. It's been a long day, lol.

Reply by Nd_WA on 12/8/05 9:42pm
Msg #81317

I've seen somewhere in a closing instructions the mentioning of POA signing must have lender's prior approval.