Posted by cntrlcalntry on 5/31/06 11:19am
Msg #123209

California POA Question

does it make a difference if they sign as

John A. Doe by Mary B. Borrowing, as his attorney in fact

or

Mary B. Borrowing, as Attorney in Fact for John A. Doe

Could not find this info in the CA. 2006 handbook. If anyone can direct me to where I might find this that would be great.

Thanks!

Reply by Marlene/USNA on 5/31/06 12:31pm
Msg #123228

USNA says. . .

. . .signing anyone else's name is forgery, even if you sign your own name after it.

Yes, I know, attorneys do it all the time. There's no clear indication in the law, except in the crimes code on forgery and even there the question of intent plays a part.

We recommend the 2nd version, Mary B. Borrowing, as Attorney in Fact (or Agent) for John A. Doe.

But it doesn't make a difference in loan signings. If Mary is used to signing the other way, don't argue with her. It's not as if you or the lender can have her arrested.

Reply by janCA on 5/31/06 1:36pm
Msg #123240

Call title or lender

Many lenders and title companies are extremely picky about how they want the wording when signing with a POA. I would call and get clarification.

Reply by MistarellaFL on 5/31/06 1:53pm
Msg #123247

May I add

That you must follow your states notarial laws for POA notarizations, no matter how the lender wants it signed. (altho they can sign any way the lender wants on non-notarial docs)

Reply by Dave_CA on 5/31/06 3:39pm
Msg #123281

I've never had a problem with...

John A. Doe by Mary B. Borrowing, his attorney in fact

Reply by cntrlcalntry on 5/31/06 4:07pm
Msg #123288

Re: Thanks for all the help n/m