Posted by NCLisa on 3/21/07 8:03pm
Msg #181207

Military POA

I'm going to a closing tomorrow evening, and I'm not even sure why I'm being sent. The borrowers wife is in the military and serving in Afganistan. TC notified the borrower today that his wife needed to sign a new POA, they didn't like the military form. It takes 5 days for overnight mail to get to her unit, and 5 days to get back, and there may not be a military notary nearby. This was explained to TC by borrower. So TC emails me the POA and tells me to make sure I have the wife sign it tomorrow night. Talk about total miscommunication!

Reply by Bonnie_CO on 3/21/07 8:28pm
Msg #181214

I had a similar one a while back. TC didn't like the POA form the military used. The wife asked the person that takes care of that for the military, and he told her that IF the husband signed a new POA like the TC wanted him to, that would void the POA already in place and without that one in place it would screw up something to do with thier military benefits, the TC threw such a fit that they guy on post finally called them himself and explained it to them. TC didn't like it, but it was accept the military POA or lose the loan cuz the wife wasn't going to take a chance on messing up their benefits.
Just an FYI-I'm not an atty, nor do I play one on t.v. or anywhere else!

Reply by cara on 3/21/07 8:59pm
Msg #181221

Possibilities:
1. TC could email acceptable Special/Limited (for home purchase or financing) to soldier and have it notarized there. This works if soldier is at a base where there is a notary. JAG officers are usually notaries. Executed POA could be scanned and e-mailed back to TC with original in mail. This, granted is almost as cumbersome as other options.
2. Or, someone could politely suggest that TC consult with their attorney as to the validity and sufficiency of military POA.
3. OR, borrower could contact Congressional representative or someone on the House Armed Services Committee and request emergency constituency assistance in helping to "persuade" the TC that they might reconsider dishonoring a military POA!

Reply by cara on 3/21/07 9:06pm
Msg #181222

As an after thought, in California, a special or limited POA (vs. a general POA) is necessary for a real estate transaction. I don't know what the law is where you are located. Perhaps this is the snag. A Special or a Limited POA specifically lists real estate transactions.

Reply by BarbaraL_CA on 3/21/07 9:29pm
Msg #181227

"No one is ever legally required to accept a power of attorney (even a military power of attorney), regardless of the legality or validity of the power of attorney."

This is taken from http://www.operationhomefront.org/Benefits/benefits_legal_poa.shtml

There is alot of information there on different POA's'.

If I were the husband, I would seek legal counsel on base.

I believe the existing POA (which would be the military POA) needs to be revoked before another POA can be issued. So, any "benefits" would be voided.

I'm not an attorney, this is just my opinion.

Reply by Bonnie_CO on 3/21/07 9:55pm
Msg #181232

Barbara...

"I believe the existing POA (which would be the military POA) needs to be revoked before another POA can be issued. So, any "benefits" would be voided."


What you said is exactly what the guy (can't think what he was called) from the base said. The military POA that she had did specifically give her POA for any real estate transaction among other things.
I'm not at all familiar with military law, so this is very interesting. I'd like to find out what the scoop is on something like this, just to satisfy my own curiousity.
Thanks for the link!

Reply by NCLisa on 3/21/07 9:58pm
Msg #181234

Re: Barbara...

Military POA's under Title 50 are valid for just about everything. TC's just like to have specific POA's that they draw up themselves. I told the borrower that he needed to call a representative at Fort Bragg tomorrow.

Reply by Gerry_VT on 3/22/07 10:14am
Msg #181334

Aren't all commissioned military officers authorized to act as notaries, so long as the signer had a strong enough connection to the military (military member, family member, etc.) so it wouldn't be necessary to find a "military notary"?

I ask only out of curiosity; the delay plus the inability of any random commissioned officer to handle tricky situations makes this a poor option in this case.