Posted by Susan Bokobzha on 3/9/05 6:08pm
Msg #24609

2nd request POW

I am new this is my first signing and its an POW and I am in CA. Is there anything I should ask them before I notarize the document

Reply by Lee/AR on 3/9/05 6:49pm
Msg #24612

Sure you don't mean POA?

Power of Attorney? Maybe some CA notary will enlighten you.

Reply by CaliNotary on 3/9/05 7:53pm
Msg #24618

Susan, this is a message board, not a live chat. There's really no reason to post the same message again 30 minutes later.

You obviously need to see the power of attorney form to make sure that they actually have POA. When they sign the wording needs to be:

John Smith, by Jane Smith, attorney in fact

Reply by Becky_KS on 3/10/05 12:29am
Msg #24663

I read (I believe Signing Registry Guide) that you don't need to see proof that a person has POA to sign. The lender should already be aware (and approve) who is signing documents and they need to verify legitimacy.

Reply by PAW_Fl on 3/10/05 8:25am
Msg #24701

I believe the "proof" of a POA is a state specific issue. The lender usually will not approve a loan with an -original- POA specifically authorizing real estate transactions. And some lenders just will not approve a loan with a POA.

As for the notarial, Florida does not require the notary to see the POA. We are to take the signer's word for it. However, the SOS does suggest that the signer swear under oath (or affirm) that they have in their possession an appropriate POA.

Reply by PAW_Fl on 3/10/05 8:45am
Msg #24704

Correction ...

In my previous response I stated: "The lender usually will not approve a loan with an -original- POA specifically authorizing real estate transactions."

That should read: "The lender usually will not approve a loan withOUT an -original- POA specifically authorizing real estate transactions."

Reply by Jon on 3/10/05 12:40am
Msg #24666

CaliNotary says:

"You obviously need to see the power of attorney form to make sure that they actually have POA."

I disagree, as that would be verifying capacity. According to the SOS, and our handbook, the person signing is doing so in their authorized capacity, whether it is as "Attorney in Fact" or the "President" of a major corporation. Determining if they actually hold whatever capacity they are claiming is UPL in CA.

Reply by BarbaraL_CA on 3/9/05 9:01pm
Msg #24628

I'm not clear as to if you are notarizing a Power of Attorney, or if you are notarizing documents where the signer has Power of Attorney for someone. Calinotary gave you the correct answer if the person is acting as POA for someone else. If you are notarizing a POA you need to identify the signers and notarize the POA.