Posted by Margaret/Florida on 3/21/05 10:12pm
Msg #26837

Power of Attorney

I just came back from a long late night signing. The wife had POA for the husband. The broker brought the documents to the signing. The wife complained all night when I explained that she had to sign the documents with signing her husbands name by her name, Attorney in Fact. She said she never had to do this, if she had known that she had to do that she would have canceled the loan. It was a re-fi with about 160 pages. Every page had to be either signed or initials. She complained after each paper and also had to tend to her sick husband. The Broker told her that he had never heard of this before, he said she could just sign his name. I said no and just kept smiling and repeating how she should sign.

Reply by Becca_FL on 3/21/05 10:20pm
Msg #26840

Margaret - Were you following instructions from the Title Co to have the borrower sign the way she was signing? I ask, because I may have a follow up question, depending on the answer.

Reply by Margaret/Florida on 3/21/05 10:46pm
Msg #26845

The title company called me and gave me a phone number to call if any problems, but no answer. I had no lender contact.

Reply by Becca_FL on 3/21/05 11:10pm
Msg #26853

I ask because I had a situation last Friday where a man was signing a QCD as POA for his dying wife. I met them at the Hospice House and was told to get their as fast as I could, it could not wait until the next day. It was 9pm Friday night.

Anyway, When doing general Notarizations, I don't tell people how to sign unless I have been instructed to do so by a SS, TC or Atty. The QCD was drawn by an Atty. and I asked the man how he had been instructed to sign the QCD. He had been signing POA for his wife for a while now and said he always signs jane doe, POA. Now, to me, this is not correct, but I can't tell him how to sign. I did put in my cert. Jane Doe by John Doe, atty. in fact.

This was not the first time I had seen this, though. I was instructed to sign the same way, Jane Doe, POA by the FL DMV. When I questioned this, the woman said she knew it was not correct, but that was how the state wanted it.

I was just curious and will be watching to see what others say.

Thanks for sharing, Margaret.

Reply by PAW_Fl on 3/22/05 12:50am
Msg #26867

Though the FL Statutes §117 does not specifically state how those with a Power of Attorney should sign documents, the Governor's Reference Manual, on page 40 states:

---------------------------------

For a Person Signing with Power of Attorney

Situation: John Doe presents a document to be signed by Nancy Smith. John Doe state that he has power of attorney for Nancy Smith. John Doe signs the document in one of two ways:

(1) John Doe as attorney-in-fact for Nancy Smith
(2) Nancy Smith by John Doe, attorney-in-fact

The first way is the preferred method.


It is not the notary‘s responsibility to ensure that the signer has power of attorney. The person states he has that authority and indicates this fact when he signs - just accept his word.

Note: If you are notarizing in connection with your employment, you may need to require a copy of the POA for your employer‘s files.

Note the capacity of the signer in the notarial certificate. Use a notarial certificate in substantially the same form as the one on page 30 for an acknowledgment in a representative capacity.

---------------------------------

I show this to attorneys and others who ask how one should sign the documents and they usually go along with the recommendation as shown in the manual.

Reply by Margaret/Florida on 3/22/05 7:31am
Msg #26886

Thanks so much, we I talk with the title company today I will mention that to them