Posted by Lake/NWI on 3/30/07 1:12pm
Msg #182895

POA & VENUE problems - help!

I did a signing for the FIRST time where the borrower's sister was POA for him since he's in Iraq. I think I did it wrong. She signed his name Bob Brown (which was under every line) "by Sue Smith, Power of Attorney." Then she initialed it BB by SS, POA. WAS THIS WRONG? Thank you.

Also, the Sellers names were on the paperwork and they (and the property) were in TX. There were some pages that had a venue of TX but I didn't need to notarize these pages EVEN THO WE SIGNED THEM. Was I not to change the venue to my own state and county or was it right for me to leave the venue as it was for a DIFFERENT state & county? Thank you!

Reply by Larry/Ca on 3/30/07 1:26pm
Msg #182898

It is a good idea to call LO/EO on these POA's as they may have a specific way they want the POA to sign. "Bob by Joan as his attorney in fact" is a common way. You would have also been able to ask if they wanted you to change the venue on the Non-Notarized doc.

Reply by Leon_CO on 3/30/07 1:29pm
Msg #182899

>> She signed his name Bob Brown (which was under every line) "by Sue Smith, Power of Attorney." Then she initialed it BB by SS, POA. WAS THIS WRONG? <<
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It depends on the lender instructions. There is more than one way. One thing she could have done was inserted "as his ...". But then again, it all depends on how the lender wants it. They will sometimes spell it out specifically.

The best thing is to check with them before going to the signing. Then I'll make a separate sheet on my word processor with how the POA should sign and initial, in big bold letters.

As for the venue, you only change the venue of your notarization. On construction loans, for example, you'll see a spot for up to 4 different notaries, all with different venues.

Good luck.

Reply by Lake/NWI on 3/30/07 1:46pm
Msg #182914

Thanks for both answers.

The LO says he expected ME to know what to do -- but I will check with the lender.

She ALREADY signed as POA (instead of Attorney In Fact). Was THAT wrong?

I KNOW her initials were wrong, right? They were, "BB by SS, POA" Shouldn't they just have been "BB by SS"?

Should I ask that the docs be redrawn?

Reply by Leon_CO on 3/30/07 2:00pm
Msg #182932

>> I KNOW her initials were wrong, right? <<
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Yes, we have no bananas today.

Well, she could have abbreviated it "aif" instead of "poa". Again, it's a lender call.

No. Don't ask that the documents be redrawn. That is costly. Not unless they need to be.

Good luck.

Reply by FWP/WA on 3/30/07 7:38pm
Msg #183046

I did one similar a few days back, which was the wife signing with POA for her husband, who was disabled.

The lender directed me to have her sign "His Name by Her Name as Attorney-in-fact"
For the initials, they wanted H.I. by H.I., POA (this being Her initials by His initials, POA)