Posted by bhatla1971 on 6/25/07 5:52pm
Msg #196876

Signing with Power of Attorney

I am handling a signing with POA this evening. Wife is signing on husband's behalf in the TIL, DEED and RTC. (This is a CW loan ) I have some questions

Do I need to verify the husband's ID also
Do I need to add an "Acknowledgement thru Power Of Attorney"
Will she sign like "WIfe Attorney in Fact Husband" where husband's name is printed.

Any advice will be appreciated.

Thanks

Reply by PL on 6/25/07 6:06pm
Msg #196877

Call the folks who hired you and ask

If she has a POA, there's a good chance her husband won't be there, so no big deal. You should call the folks who hired you and ask for specific directions, preferably in writing so if something goes south you can show that you followed the directions.

Reply by PL on 6/25/07 6:08pm
Msg #196878

By the way page 40 fo the Oregon notary public guide

talks about POA's.

Reply by PL on 6/25/07 6:11pm
Msg #196880

Of course that should be of not fo, for the spelling police. n/m

Reply by PAW on 6/25/07 6:11pm
Msg #196881

Re: By the way page 40 fo the Oregon notary public guide

Great minds think alike!

Reply by PL on 6/25/07 6:12pm
Msg #196883

Yeah you're in Florida and I'm in Washington and she's

in Oregon.

Reply by JanetK_CA on 6/25/07 6:21pm
Msg #196890

Re: Call the folks who hired you and ask; YES - regardless!!

I recommend you do this even if you feel you've found your answer, unless you have already talked to them about this. First, it's critical to make sure the lender has approved the POA in advance, unless you know this to be taken care of. Secondly, as someone else stated, there are a few different ways to sign as an Attorney in Fact, and you want to make sure to do it the way your lender/title co prefers it done (UNLESS your state requires something very specific...) After reading the references that you've been referred to, you should be able to speak to your client about this with confidence. But better safe than sorry!

Reply by PAW on 6/25/07 6:11pm
Msg #196879

>>> Do I need to verify the husband's ID also<<<
How would you do that? Typically, someone is signing as their attorney in fact because they can't be there. So there would be no way you could validate the ID. What would you compare the picture to?

>>>Do I need to add an "Acknowledgement thru Power Of Attorney"<<<
Please see pages 40-41 in the Oregon Notary Public Guide. (I am assuming you are located in Oregon, as per your profile.)

>>>Will she sign like "WIfe Attorney in Fact Husband" where husband's name is printed.<<<
Please see pages 40-41 in the Oregon Notary Public Guide.

Click here for a copy of the Oregon Notary Public Guide -> http://www.filinginoregon.com/forms/pdf/notary/1500.pdf

Reply by kcg on 6/25/07 6:12pm
Msg #196882

You must make sure that the POA that is shown you is the ORIGINAL. It must be specific for the loan doc that is being signed. You need to check your state statutes to determine if witnesses are required.

You don't need to verify husband's ID since that would have been done when POA was drawn.

She can sign several different ways - Husband, by Wife, attorney in fact or
Wife attorney in fact husband

Also watch the initials.....s/b HIS by HERS, AIF or HERS, AIF, HIS

Hope this helps

Reply by PAW on 6/25/07 6:16pm
Msg #196888

>>>You must make sure that the POA that is shown you is the ORIGINAL. It must be specific for the loan doc that is being signed. <<<

Not in Oregon. The OR Notary Guide is very specific about these details. Maybe in IN, you must see the ORIGINAL, but not in all the other states. OR's guide states, "If the certificate requires it, or you feel uncomfortable about the transaction, ask to see the original power of attorney, or a certified copy, if it was filed in the county." FL actually states that the notary does not need to see it or even a copy of it, that the notary is to take the signer's word for it. Each state has their own way of doing things.

Reply by PL on 6/25/07 6:18pm
Msg #196889

All that for $5.00 a notarization. What a bargain. n/m

Reply by Ndwa on 6/25/07 7:13pm
Msg #196903

Hmmm....Over 1700 signings

Not a single POA signing until now.

Reply by PL on 6/25/07 7:28pm
Msg #196904

Andy you wascal, you know they only started those

in Oregon in January of this year.

Reply by BrendaTx on 6/25/07 8:06pm
Msg #196913

Like the gal in Tx who posted for elementary info: 100+

in her profile and she's still asking how to get started questions.

I agree...every 1700 signings probably carries at least 17 POA signings. My BS detector is buzzing.

Reply by janCA on 6/25/07 8:14pm
Msg #196916

Don't be so skeptical.

I've only done 4 POA signings in the 5+ yrs I've been doing this. It just doesn't come up that much.

Reply by JanetK_CA on 6/25/07 8:37pm
Msg #196918

Re: Don't be so skeptical.

I agree. My numbers are pretty close to yours. However, it's been a very long time since I've not known the answers to these questions, especially: "Do I need to verify the husband's ID also". That would make me wonder alone. Plus, I never would have thought to come here for clarification. Actually, I might have done a search here (which I'd guess would have yielded abundant information), but I definitely would have checked my state's notary handbook first, then asked my client. janCA, somehow, I suspect you would have probably done the same thing, rather than post those questions here. Am I right?

I'm not trying to be harsh with the original poster, but there are some things that don't add up for me, either, after reading the profile. Please correct me if I'm wrong, but if I'm right... come on, folks! You don't do yourselves any favors by embellishing. People like Andy are going to smell it a mile away. OR is this an example of the same experience over and over again (i.e 1 yr experience 5 times vs. 5 yrs experience)? I think it's a very good idea for all of us to periodically go back and review the fundamentals of whatever it is we do. It's amazing how much we can fine tune what we know and sometimes correct some things we *think* we know!!

(OK, I'm taking off my teacher hat now...)

Reply by ZeeCA on 6/25/07 8:53pm
Msg #196920

is this a test question????????? n/m

Reply by Ndwa on 6/26/07 12:25am
Msg #196949

Re: Don't be so skeptical...Not so!

They are in my neck of the wood...just didn't want everyone to know what's underneath the carpet.

Reply by janCA on 6/26/07 5:32pm
Msg #197048

Re: Don't be so skeptical.

JanetK_CA, you are so right. I would have never posted here asking this type of question. I would have sought the help of the Californina NSA Network, which I am a member. Sometimes you just have one of those days when you need some assistance in figuring something very simple out, something you know you should know but your brain is out in left field somewhere. It helps to have the support of your network.

Reply by PL on 6/25/07 11:01pm
Msg #196943

Do notice that 2 guys from Washington and a guy from Florida

figured this out pretty quickly. There's a reason to be skeptical when someone's loan docs depend on it being correct.