Posted by Lori/CA on 5/7/05 12:29pm
Msg #36423

Power of Attorney & filling out jurat & ack.

Need some help,

I have a signing that will have a power of attorney. As I have not done one before I need help.

When filing out the jurat & ack is has "personally appeared ___________" he will be but she (wife) will not be. As well as the working he/she/they.

Do I only put in his name as personally appeared? As far as the he/she/they which would I mark?

I have done some looking around and do not see specifics on how to fill out for a power of attorney.

Thank you, Lori

Reply by PAW_Fl on 5/7/05 12:42pm
Msg #36425

You can only put in the blank who "personally appeared" before you. Jurats cannot be completed for someone who is not there because you have no way to have that person personally appear and take the oath. And one person cannot take the oath for another.

You need to check with the lender or title company to see how they want the attorney-in-fact to sign for the principal.

"John Doe as attorney-if-fact for Jane Doe"
"Jane Doe by John Doe, attorney-in-fact"

The above are the most common ways I've seen. However, in your certificate, you will only be acknowledging the signature of John Doe as he is the only one appearing before you.

Check you handbook on the form of the acknowledgment when someone is signing as an attorney-in-fact for another. Different states have different ways of doing things.

Reply by Lori/CA on 5/7/05 1:10pm
Msg #36428

PAW,

Thanks for the help!

Lori

Reply by SDgirl on 5/7/05 4:56pm
Msg #36449

You should definately ask the lender how they prefer the wording. I have done several of these with power of attorney one way. But the last one I did, had to be resigned because the lender wanted it another way.