Reply by PAW_Fl on 10/1/05 9:30pm
Msg #68339
There is nothing for you to do before the signing except to ensure that the lender is aware that someone is signing with a POA. Then you need to ensure how that person is to sign as their AIF, as there are a few different ways someone can do it. Hopefully, the docs are already prepared with the "signature" lines showing exactly what needs to be _written_ (not printed) on the signature line. Also, remember that the person who is the attorney-in-fact cannot take an oath for the principal and thus you cannot complete a jurat with the principal's name in it.
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Reply by Robert Bromberg on 10/2/05 1:15pm
Msg #68367
You need to ID the party signing as you normally would
The lender( title co ) should have , hopefully reviewed and approved the form of POA
The party signing should sign as named in the POA ( eg. Tom A Jones)
Ifno preferenced expressed by lender or title co as the how to sign, you are usually safe with either
Susan M Jones by Tom A Jones , her attorney in fact
or
Tom A Jones as attorney in fact for Susan M Jones
On the Acknowledgement, you only want to say that you saw Tom A Jones sign
You do not know if the POA is valid ( Susan may have died, revoked to POA , her signature was forged,etc) You do not wnat to get into a situation you YOU are stating that Tom is, in fact, the attoney in fact for Susan.
If you use certain forms of loose acknowledgement , there is a section for "Capacity claimed by signer". You may safely check that Tom is claiming to be the atty in fact for Susan.
As Paul said, check with the Title Co (lender , SS) if possible
You may also need to collect the original POA as it may need to be recorded
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