Posted by LisaWI on 9/28/05 2:23pm
Msg #67840

POA Question

I am doing my first one today. Husband is signing for himself and wife who is in Kansas City. Do I have to see the original or a copy of the POA in order to do this? The lender has sent me a copy of it and it has not been witnessed or notarized. How do I know this is legit? I'm really confused on this. I wouldnt have a problem with this if this form had been notarized. Am I going too far on this one? According to Wisconsin Statutes the requirements state"A Wisconisn Basic POA for finances and property is legally sufficient under this section if the wording of the form complies substantially with sub. (1), the form is properly completed, the signature fo the principal is acknowlegded and the signature of the agent is obtained."

I spoke with an Attorney and he said yes, it does need to be notarized. My question is Do I have to see that it has been notarized.

Thanx everyone
Lisa

Reply by Anonymous on 9/28/05 3:47pm
Msg #67853

I always collect an original notarized POA and send it back with the loan package. As far as the original being notarized, (in my state it should be as well) I would call the agency that contracted you and bring this to his/her attention and go from there. If the lender has sent you a copy of it, I am sure they are aware of the situation. Personally, I would not complete the signing... but that is just me. I feel if you are witnessing the signature of a POA, then the correct document should be presented.

Reply by NorCalDar on 9/28/05 3:58pm
Msg #67856

In your particular case, I don't know how you could get an Original POA drawn since you are in WI and the wife is in MO (unless you want to take a road trip and have a commission in MO too).

I'm not sure if I would worry about it since you are there to notarize the document not to validate the capacity of the signer. Since Title knows the POA is to be used, let them worry about whether or not a valid one exists.

Reply by LisaWI on 9/28/05 4:08pm
Msg #67860

I hope I did the right thing here with all involved. I called the Title Company and told them I wouldnt do the signing. I had spoken with an attorney friend, and he had advised me not to. Before that, the Title Company had told me to go ahead with the POA signing with no POA document to verify that. Stating that the wife was going to be back before the loan funded, so I could go ahead and do it. I just didnt feel very comfortable with this. I would still like to know if we as notaries can ask to see the POA? My common sense tells me that if we didnt, every Joe/Jane Blow would be signing documents for whoever they wanted. I dont know. Im not trying to practice law here, just trying to protect everything I have worked so hard for.

Reply by LisaWI on 9/28/05 5:01pm
Msg #67872

Re: Here's More

Is the Title Company responsible for damages per say, a mortgage got recorded without a proper POA and that person sued? Or would it also affect the Notary/Signing Agent who actually conducted the signing?? And if the answer is yes to question 2, how would we know if we only took the word of the title company?

Reply by Barb25 on 9/29/05 2:43pm
Msg #67984

Re: Here's More

It is up to the lender/Title co. to be sure that the POA is valid and in place. If they tell you have them sign POA, have them sign POA. You have no liability. The lender will make sure that the POA is in place. They have a lot to loose if not. Next, when you notarize the acknowledgement, as long as you should not certify capacity just John Doe appeared and executed the doc. Also you cannot issue an oath or affirmation to the POA anyhow. There really shouldn't be any problem. I spent an hour on the phone with the NNA hotline about acknowledgments for POAs. It was enlightening. It help when you have enough info to think it through. It was well worth the hour. Good luck.