Posted by Anonymous on 5/16/05 10:39am
Msg #38016

How to sign by Power of Attorney

I was asked by a signing company to do a signing this Saturday. I received the docs by overnight mail about 1 hour before the closing and quickly reviewed them. Everything looked quite normal.

I get to the house and the wife answers the door and shows me her original power of attorney form... Don't you think I should have been told by the signing agency that it would require a signature of power of attorney??

I have been doing this for a couple of months now & had never run into this situation. I called the agency to ask them how she should sign but no answer... had the woman call her loan officer.... no answer... the woman sais this was her 3rd refi and that she would just sign as she always did. She signed "John Doe by Jane Doe by power of attorney. I had her intial for her husband an sign the initals as well.

Now after reading this board I think it was signed incorrectly. Does anyone think I will have any problems? Any suggestions?? THANK YOU

Reply by SamIam_CA on 5/16/05 11:00am
Msg #38020

What state are you in?

Reply by Anonymous on 5/16/05 11:26am
Msg #38026

CA

Reply by Erna_CA on 5/16/05 12:33pm
Msg #38036

Jane doe attorney in fact for for John Doe. Is how I sign for my son.

Reply by Erna_CA on 5/16/05 12:37pm
Msg #38039

Re: How to sign by Power of Attorney. opps for ..ones .n/m

Reply by SamIam_CA on 5/16/05 12:45pm
Msg #38041

How do you initial for Power of Attorney? n/m

Reply by Dave_CA on 5/16/05 1:18pm
Msg #38048

Re: How do you initial for Power of Attorney?

If Jane B. Doe is signing for Bob R. Doe then they would sign and initial as:

Bob R. Doe by Jane B. Doe, attorney in fact.
BRD by JBD, AIF


Just my opinion not practicing law here.

Reply by Anonymous on 5/16/05 2:03pm
Msg #38056

Re: How do you initial for Power of Attorney?

Should I notify the signing agent before they receive the docs that I messed up?? This is so frustrating!!

Reply by Sam I am on 5/16/05 3:01pm
Msg #38074

I would let them know. Bummer. n/m

Reply by Sam I am on 5/16/05 2:59pm
Msg #38073

Re: How do you initial for Power of Attorney?

Whoa - that is a lot to fit on those tiny initial spots.

Reply by ERNA_CA on 5/16/05 3:04pm
Msg #38076

Re: How do you initial for Power of Attorney?

It is a pain. My son lives abroad, I handle all his business here. I am not looking forward to signing loan papers for him. So far it has just been tax papers and a few other simple things but he plans to sell his house, I can see writers cramp looming.

Reply by Peter_in_CA on 6/12/05 11:58pm
Msg #44201

Re: How do you initial for Power of Attorney?

OK, let's complicate this a bit more. Tomorrow at 8:00 a.m. I have a loan signing where the signer is trustee for a trust, and also has POA for the other trustee. Lets call them John & Jane. Under the trust agreement, according to the attorney's opinion in the package, either trustee can sign to encumber the trust property (i.e. it doesn't need signatures from both trustees). Some of the docs are drawn up for John Doe to sign as trustee, some for him to sign as POA for his mother, and some just say "signature______"

Question: How does should I have him sign the spaces that don't specify whose signature is needed?

Reply by Sam on 6/13/05 9:40am
Msg #44237

Trustee with Power of Attorney - REAL QUESTION HERE

Wow peter - I think your legitimate inquiry got lost in the squabble about who is rude and who is just giving advice.

**Some of the docs are drawn up for John Doe to sign as trustee, some for him to sign as POA for his mother, and some just say "signature______". Question: How does should I have him sign the spaces that don't specify whose signature is needed?**

My answer is only an educated guess as I have not yet had a POA for a trustee. Hopefully this new post will attract some more attention for you.

Always look toward the top of each form to see what names are listed. If names are no where on the form; I think you can still assume that the required signatures will be the same as was requested on the note and the DOT. Obviously call title to get the correct answer!

When John signs as himself it is "John Doe, Trustee". When he signs as his mother, I am 99.9% sure it is "Jane Doe, Trustee by John Doe, attorney in fact." I have seen a form called a personal guarantee where the borrower had to sign as themselves and not as the trustee - in case the trust did not pay off the loan. Watch out for that form just in case.

Reply by PAW_Fl on 6/13/05 6:59pm
Msg #44406

Re: Trustee with Power of Attorney - REAL QUESTION HERE

Thanks for bringing this question back in focus. The signing by POA is to be done as the POA identifies the attorney-in-fact, which typically is an individual. So, assuming that John Doe has attorney-in-fact authority for his mother, Jane Mom Doe, for both real property transactions and to act on behalf of her in her position as trustee to the trust. And both John Doe and Jane Mom Doe are trustees to the trust that hold title to the property.

If all the above is true, then John Doe would sign as "John Doe, Trustee" (or similar wording as directed by the lender and/or title company). Then John Doe, as attorney-in-fact for his mom, would sign as "Jane Mom Doe, Trustee, by John Doe, attorney-in-fact" (or similar wording as directed by the lender and/or title company).

For the most accurate answer, one should contact the lender or title company and get clear directions on how they want the documents signed. The above suggestion is simply based on my experience and is not to be construed as legal advice or guidance.