Posted by Ali/IL on 6/9/07 11:35pm
Msg #194404

Id question

I have a signing and need to find out something.
The husband is in Kuwait the wife has power of attorney. She has no copy of her husbands ids. Only has expired license and passport for him. I can't get hold of title company .
she does have copy of power of attorney doc.
Have any of you had this problem?

Reply by Larry/Ca on 6/10/07 12:12am
Msg #194406

Only a problem if......

lender doesn't know of this and would not approve of one signing for both. Seems those that want their loans signed after hours and on weekends ought to be available by cell during those signings, I like those that are. Communication is everything in getting things right in this business.

I think that if there were no specific instructions and LO was not available that I would sign the loan, leave messages and move on. No, I have never had a suprise POA signing.

ID concerns do not apply to the husband unless your state requires an ID of the person giving the POA.

Reply by JanetK_CA on 6/10/07 2:09am
Msg #194416

Re: Only a problem if......

I HAVE had a situation where there was a surprise POA. I had asked the borrower if the lender had approved it, and he said everything was OK. (Naturally, after hours with no one reachable.) Turns out that he had used a POA before, so he assumed it wouldn't be a problem and didn't get his lenders OK. They required approval in advance and the package was rejected. Had to re-sign the whole thing.

Re: the ID, I suppose there could be a lender requirement, as well as a state requirement, but that's another thing to ask the source.

Reply by Signing_Doc on 6/10/07 12:16am
Msg #194407

my first thought was with the statement..."she does have copy of power of attorney doc." She does not have original?...where is that?...IMHO, this is a bigger problem than no copy of husbands id. As long as she has the POA, there is not a problem with the husbands ID because she is acting in his stead with the POA. But the fact that it is a COPY and not the original...that is the problem I"M having. I agree with the other answer though. You need to refer to the company which hired you for the signing and defer to them. They may/may not accept a POA in which case, the problem is moot.

"Doc"

Reply by Ali/IL on 6/10/07 12:39am
Msg #194408

Sorry my mistake the poa is original.
The wife said that lender has known all along that there is a poa. They have never spoken to her husband.

Reply by JanetK_CA on 6/10/07 2:06am
Msg #194415

Since the wife is signing as Attorney-in-fact for the husband, so I don't see why you need his ID. What you need to find out is how they want her to sign for him. There are a couple of different ways to do it, but the right way is how the LENDER wants it done. ( E.g., "Jane Doe, as Attorney in fact for John Doe" OR "John Doe, by Jane Doe, his Attorney in Fact" Also, keep in mind, that when filling out your certificates, only the wife is personally appearing before you, so unless your state law states otherwise, just her name will go on the cert. This is something worth reading up on, if it's your first one.

Reply by jojo_MN on 6/10/07 9:01am
Msg #194429

Also, some have you notarize as "Jane Doe, individually and Jane Doe, as attorney in fact for John Doe." or "Jane Doe, individuallly and John Doe by Jane Doe, attorney in fact."

Reply by NCLisa on 6/10/07 6:27am
Msg #194419

In many states like NC, a POA MUST be recorded. So if a military POA is being used for a refinance, it must be recorded with the docs, and then can be used for the next refi with just a copy of the recorded instrument. I know in many states the POA does not have to be recorded, and the TC can just hold it in their files.

Reply by Happy_in_Fl on 6/10/07 7:23am
Msg #194422

Generally, ((IMHO) the "ORIGINAL"of the POA, gets sent back with the signed documents, as well as the Signers copy of ID's.

I always assure the Signer the POA will be returned "ASAP" by the lender or TC.

Then, the Signer, signs for (her/him) self, and uses the preferred terminology of your State for Signing with POA for other individual.

Disclaimer;"I am not an Attorney etc etc etc......".

Reply by NCLisa on 6/10/07 8:25am
Msg #194426

POA's get recorded in many states

You can not promise the borrower it will be returned asap because you do not know that. In fact in states where POA's are not required to be recored the TC can hold the original in their file forever. In CA we did not always record the POA, many times it was held in the title file and was never returned to anyone.


If it is recorded, you can not know how long it will be before the ROD mails it back to the borrower. Depends on how backlogged they are. When I left in 2000,
Contra Costa county was over 6 months behind in mailing out recorded documents.

Reply by BrendaTx on 6/10/07 8:50am
Msg #194428

If the POA is that important it would seem it would be

recorded of record anyhow in the official records of the county. That way certified copies could be gotten at will from the county recorder. By "that important" I mean that it would be used for something other than a real estate or mortgage transaction. Just a thought.

Reply by Sylvia_FL on 6/10/07 9:16am
Msg #194431

Over the years I have done many signings where one spouse has POA to sign for the other spouse. The confirmation has usually indicated it is a POA signing. If the borrower tells me there is a POA and I wasn't informed by the hiring entity I will call and verify.
In Florida, we have no reason to see the actual POA, and the only person we need to ID is the person signing the docs.

Reply by Happy_in_Fl on 6/10/07 7:23am
Msg #194423

Generally, ((IMHO) the "ORIGINAL"of the POA, gets sent back with the signed documents, as well as the Signers copy of ID's.

I always assure the Signer the POA will be returned "ASAP" by the lender or TC.

Then, the Signer, signs for (her/him) self, and uses the preferred terminology of your State for Signing with POA for other individual.

Disclaimer;"I am not an Attorney etc etc etc......".

Reply by Happy_in_Fl on 6/10/07 7:25am
Msg #194425

OPPPPS! Hit something or other that sent twice!

Reply by Dennis_IN on 6/11/07 8:26am
Msg #194464

If the copy of POA has been recorded it's ok. If not you are correct...you need the original.
Somewhere in the closing instructions the POA should be referenced to or I would be concerned... I would perfer to speak with TC or lender.

Reply by Lee/AR on 6/10/07 9:22am
Msg #194432

Same situation. Husband in Iraq, wife doing refi using pre-approved-by-lender/TC POA. No problem; no husband IDs required---he ain't signing nothing! I sincerely doubt that IDs of the signer of a POA are required anywhere that the POA is used. To be clear-er: The person signing using the POA to do so would need to be ID'd. But not the person granting the POA.

Reply by Joe Ewing on 6/10/07 9:27am
Msg #194433

Someone should have tossed a verbal grenade on this thread. I want my reading time back

Reply by Ernest__CT on 6/10/07 5:19pm
Msg #194441

No, Joe, they shouldn't. (And you don't mean "verbal".)

This kind of Thread is the reason that this Forum exists. One person has asked a good question and many people have given good responses, some more valuable than others.

If you don't ave the time to read, don't.