Posted by SoCal_Money on 2/10/06 1:48pm
Msg #96116

POA ???

I've searched the past messages but didn't find my question covered.

In the ack ".... personally appeared (borrowers names)... and proved to me ...."

How do I enter the name of the person that is not actually appearing before me?

John Smith, Jane Smith and Dan Smith by John Smith as Attorney in Fact ???

TIA

Reply by janCA on 2/10/06 1:56pm
Msg #96120

You don't. You only write in the name of the person that IS appearing before you.

Reply by JudyinLa on 2/10/06 3:33pm
Msg #96147

Personally appeared means they PERSONALLY APPEARED. Get it?

Reply by SarahBeth_CA on 2/10/06 3:51pm
Msg #96154

That's the pot calling the kettle black. Now look who is being a childish, unprofessional, bully. Those were your own words Judy.

Reply by Beth/MD on 2/10/06 4:21pm
Msg #96164

Re: POA Chill Judy, you don't want to be like us :) n/m

Reply by Charm_AL on 2/10/06 4:24pm
Msg #96166

Re: POA Chill Judy, you don't want to be like us :) n/m

Really!...do we have a Sybil here or what?

Reply by Beth/MD on 2/10/06 4:29pm
Msg #96168

Re: Okay Charm, at the risk of sounding dumb...

Sybil?

Reply by Beth/MD on 2/10/06 4:32pm
Msg #96169

Re: Okay Charm, Never mind, it hit me....n/m

Reply by Charm_AL on 2/10/06 4:33pm
Msg #96170

Re: Okay Charm, at the risk of sounding dumb...

1976 movie...great, you should rent it...

Based on a true story, Dr. Cornelia Wilbur (Joanne Woodward), an experienced psychiatrist, is faced with one of her most stressful cases ever.
Sybil Dorsett (Sally Field) is a late-20-year-old school teacher, who suffered such a harrowing upbringing, she consequently developed over 16 different personalities

Reply by Beth/MD on 2/10/06 4:34pm
Msg #96171

Re: Okay Charm, at the risk of sounding dumb...

16 personalities? And Hubby thinks he has trouble with both of mine!

Reply by BrendaTx on 2/10/06 5:36pm
Msg #96179

Re: POA ??? SarahBeth -- Talk about meanness...

Judy must have been an anon. The day all the anons stopped being able to run rampant and mean without being totally anon she came on and let everyone have it.

Bully is a good word for her, I'd say.

Reply by TitleGalCA on 2/10/06 10:25pm
Msg #96200

Re: POA ??? SarahBeth -- Talk about meanness...

Yes Brenda, bully is the word. A search will confirm it.

Reply by SoCal_Money on 2/10/06 7:08pm
Msg #96182

the docs arrived and the ack was already pre-filled with this wording:

"....John Smith Attorney in fact for Dan Smith and Jane Smith... "

for those who are interested

Reply by SarahBeth_CA on 2/10/06 8:11pm
Msg #96190

SoCal just remember that we do not notarize capacities in CA. Just the signature of the one appearing before you. Remember that whoever supplied the cert is more than likely not a CA notary and does not know CA notorial law. It is our responsibility to make sure the wording is correct. Just replace with a loose cert. Go back to your handbook and refresh yourself on the process. Keep reading it over and over until you've got it down. Also since the recipient probably does not know CA notorial law you may have to explain it to them. You need to know what you know so that you can explain it with confidence. The last thing you want to do is stumble over your explanation.

Reply by TitleGalCA on 2/10/06 10:42pm
Msg #96201

SoCal, it sounds like you're a bit unsure of how to do a POA signing. It doesn't matter what is pre-printed in the certificate. You as notary need to know how to correctly fill out the certificate whether or not it is a POA.

You are notarizing the AIF, his/her name only, not any capacity as attorney in fact. The words "personally appeared" in your certificate are just that - and only the AIF appeared before you.

If this is the first time you've done one, think of it as someone who's "standing in", with the same rights and responsibilities as the principal. After you get your head around that concept, understand that the POA should be signed in a certain manner: "Jane Doe by John Doe, as Attorney in Fact". There are some variations, but that is the most generally accepted way. If you memorize it, you won't struggle with the next one.

Once you get the concept, the rest is easy. Just like you won't acknowledge any capacity, you also won't acknowledge AIF. And, you've seen badly worded certificates before - just like always, your cert is your's, correct it and make it right.

Disregard the post by what's-her-name in LA. She needs a drink, a chill pill and a boyfriend - or perhaps all three at the same time.