Posted by K_CA on 4/24/07 9:19am
Msg #186673

POA Signing

Hi Everyone. I am doing my first signing, where wife is signing for husband using POA. Can anyone tell me how I word my certificates? Do I include the Attorney in fact info after the Hubands name? Thanks so much! Karen

Reply by Linda Spanski on 4/24/07 9:39am
Msg #186677

May I suggest that you should know this BEFORE you start out? A notary forum should not be the place you go for advice when your actions will affect the signer's finances. Perhaps you should ask the EO to be sure you get it right.

Reply by PAW on 4/24/07 9:49am
Msg #186680

Why would you ask the EO a notarial question?

For K_CA: I'm assuming you are in California (as shown in the "posted by" line). According to the CA notary Handbook, a CA notary is not authorized to include capacity in their notarial certificates. Therefore, only the **signer's name** would be permitted.

If you are NOT in CA, please tell us what state you are in so specific assistance can be offered.

Reply by MelissaCT on 4/24/07 9:47am
Msg #186678

Ask yourself

How can you ID the husband (who isn't there)? Especially, how can you place someone under oath who isn't there to take an oath? You will not do any jurats for this signing for the husband (ok for wife, as she can verbally be placed under oath). Review your handbook from SOS -- CA's is very extensive and thorough, from what I've heard/read.

Reply by Natela Oganyan on 4/24/07 10:55am
Msg #186694

Re: Ask yourself

Hi,
It is not a legal advise, but that what I do all the time.
1.Proof of Attorney in fact status. NSA may asked to forward a copy of the power of attorney to the lender.
2.Confirm that the power of attorney applies. Powers of attorney may be general or specific.

It is good idea for you to ask the attorney in fact to leave a thumbprint behind in the journal asts.
When an attorney in fact signs loan documents for a principal signer, she or he may sign in one of several ways.
1) "John Irving by Headley Jermanine as his attorney in fact"
2) "Headley Jermanine, attorney in fact for John Irving, principal"
Sincerely,
Natela

Reply by Larry/Ca on 4/24/07 11:57am
Msg #186712

Karen, POA signings are not...

too complicated but are a pain. I always call and ask how they want the POA to sign as some are very specific how they want this done. As Paul has said, in California only the name of the the person standing in front of you goes in the certificate. As for completing a jurat using a POA opinions differ. For example, the wife here may know that the name listed as an AKA is correct and she may be o.k. with taking an oath to that fact. She may be o.k. with taking an oath to the truth of the facts in the other jurats also. Others say that you may not allow a person to take an oath to the truth of something they may know little or nothing about. It seems to me that it is up to the wife here if she wants to take this oath. There is nothing in California notary law that permits or prohibits you from completing this jurat. If you are of the position that you cannot do this you might explain this to the LO/Title and they may suggest you complete acknowledgements instead. This has been much discussed and there remains a division on this issue.

Reply by K_CA on 4/24/07 1:26pm
Msg #186728

Re: Karen, POA signings are not...

Thanks to all of you. I completed the signing, (it went very well). I was just unsure of the certificate wording.