Posted by PartikgirlNJ on 9/29/05 7:05pm
Msg #68030

POA

I need help....I am going to a signing in about 30 mins. Wife has husbands POA but I was not told husband would not be there.....I also think SS thought husband would be there. I have called SS and emailed but they have left for the day. Any advice, husbands POA is notarized. Should I notarize without SS's permission?

Reply by Marie_NJ on 9/29/05 8:08pm
Msg #68041

I see that you may have already left for your closing. For furture reference, review the closing instructions. The instructions may indicate the title company or lender must approve the Power of Attorney prior to closing. If it does not indicate any information on the closing instructions, verify with the lender or title company, if this is approved since the SS is not available. Then, make sure you note who you spoke with to obtain approval to proceed with the signing.

If you obtain no approval from the SS, title company or lender; just make a note of who you tried to contact to verify and receive approval. In addition, inform the borrower that they may need to close again if the lender does not accept the POA especially if their lender, title or SS had no prior knowledge of the POA.

9 out of 10, you should be okay. Make sure the person signing as the POA signs correctly - i.e. John Doe, by his attorney in fact, Jane Doe

Reply by PAW_Fl on 9/29/05 9:55pm
Msg #68060

Signing with a POA

>>> Make sure the person signing as the POA signs correctly - i.e. John Doe, by his attorney in fact, Jane Doe <<<

That may be the way it is done where you work, but with the companies I've been working with it's "John Doe, by Jane Doe his attorney in fact" or "Jane Doe as attorney-in-fact for John Doe".

The point is, it really is up to the lender and/or title company to specify how the documents are to be executed (signed correctly) by someone signing with a Power of Attorney.

Reply by Marie_NJ on 9/30/05 2:11am
Msg #68085

Re: Signing with a POA

The example I provided was requested by a recent closing I performed. It was just one example. I have also done signings where it was requested as you noted above. Either three ways are acceptable based on preference by the TC or lender. Hopefully, this SA was not left out in the dark and someone got back to the SA to let them know how they prefer the POA to sign if it was not noted in the closing instructions.

Reply by PartikgirlNJ on 9/30/05 5:42am
Msg #68089

Re: Signing with a POA

Nope no-one go tback to me from the SS. When I did go to the signing the borrower told me that she did not tell anyone she would be signing for her husband. She did have his notarized POA but no other identificatin not even a household bill. I told her that there was no promise that this loan would go through and they may have to sign again. She cancelled the signing and said she would contact her loan officer. So off I went home with over 100 pages of printed material and no signatures. I did sent an email to the SS and figured they would contact me again if needed. I did charge them a cancellation and printing fee.