Posted by oldhippie_IL on 12/16/06 12:28pm
Msg #166256

POA

OK, I want to make sure that I get this right. Wife is signing for husband. POA . How does she sign the docs again? Don't want to mess up. With all this Christmas rush, my brain is shutting down!

Reply by JAM/CA on 12/16/06 12:33pm
Msg #166259

Really does depend on the Lender. It's always better to find out in advance. Sometimes it's printed below the signature. Here are a couple ways:

John H. Doe By Jane A. Doe, his attorney in fact
Jane A. Doe, Attorney in fact for John H. Doe, Principal

Initials must also match.

If someone is available, I would definitely ask.

Reply by Bonnie Frederikson on 12/16/06 12:48pm
Msg #166268

No one is around at title to get any advise. And there is nothing stating on the docs that she is signing as POA

Reply by JAM/CA on 12/16/06 12:57pm
Msg #166271

Then I would check the Closing Instructions. Sometimes they will tell you, if it is a POA signing how they want it done.

Second question: Does the Lender know this is a POA signing?

If no one can be reached, I would ask to see the POA. If told it has been sent to the Lender, then I would probably proceed. Better to save the signing. If necessary docs will be redrawn.

Reply by JAM/CA on 12/16/06 12:59pm
Msg #166274

P.S.

In California, we cannot certify to capacity. Don't know about Illinois. We can only notarize the signature of the person who actually appears before us.
We cannot do a Jurat on someone that isn't there. Another person cannot take an oath for another individual.

Reply by oldhippie_IL on 12/16/06 2:10pm
Msg #166300

Initials

"Put attorney in fact for" next to the initials?

Reply by PAW on 12/16/06 2:15pm
Msg #166301

Re: Initials

Initials are the same as signature in syntax. That is:

JD by AD, AIF

would match a signature of

John Doe by Ann Doe, his Attorney-in-Fact.

Reply by BrendaTx on 12/16/06 1:01pm
Msg #166275

Bonnie, My way is a pretty generic safe way to do it.

Also, just check with your SOS forms to see if you can notarize like I indicated. My SOS forms provide this method to me. If you can get the form for poa/aif, that should give you a clear indication of how to state it in Illinois.

California's notary forms don't deal with POA/AIF so they have less certainty...that's why Jam is referring you to the lender.

Reply by JAM/CA on 12/16/06 1:19pm
Msg #166287

Thanks Brenda, I was afraid I might

be getting a little confusing. I do like to make statements for my State for new notaries.
Happy Holidays to All.

Reply by oldhippie_IL on 12/16/06 1:38pm
Msg #166294

Thanks guys, nothing is stated on how to proceed with the loan. Think I will follow Brenda's expertise! Hate to do something wrong, then you feel like an $ss! But, a few brains, are better than one!

Reply by BrendaTx on 12/16/06 12:42pm
Msg #166265

I personally would have it signed like this:


Joe J. Johnson, by Alice Johnson his attorney in fact.


--------------------


State of Texas
County of _______________

This instrument was acknowledged before me on (date) by Alice Johnson as attorney-in-fact on behalf of Joe J. Johnson.


_______________________
Notary Public, State of Texas

Reply by Bonnie Frederikson on 12/16/06 4:27pm
Msg #166316

Thanks!!

Thanks guys!!!!!!!!!