Posted by busybnotary on 3/16/07 8:54am
Msg #180174

Signing today, need POA suggestions

I have a guy who found me on the web who needs real estate docs notarized. Apparently his wife is out of the country and he has POA. Just wanted others thoughts on the best way to proceed, what to look out for, what to make sure I do. Out of all my signings I haven't had a POA before. Thanks so sumch!

Reply by ME/NJ on 3/16/07 9:07am
Msg #180175

He called you not the title company or SS? I would check the HUD and call the title company and find out if the POA has been approved first.

Being from Jersey that would set of my scam alarm and I would do everything possible to cover my ass.

If the POA is good, the TC says ok, then its just a normal signing.

Reply by ME/NJ on 3/16/07 9:09am
Msg #180177

Some scams include removing from the deed, selling the home without spouse knowledge so be very careful.

Reply by closerchris on 3/16/07 10:18am
Msg #180182

Ensure the title company knows that he's signing with POA.

Typically, they're going to want to see that the POA has verbiage that the grantee has the power to "execute" documents and "convey" real property, that there's a durability clause, and that the POA was executed in front of two witnesses.

Reply by ewing2surf on 3/16/07 11:55am
Msg #180205

I see you are in California so I'll take a stab at the questions,

*I have a guy who found me on the web who needs real estate docs notarized.

Title sent him the documents? They and everyone else in the food chain know that he is signing for his wife

*Apparently his wife is out of the country and he has POA.
That's ok and he probably sent the original or a certified copy to Title already.


*Just wanted others thoughts on the best way to proceed, what to look out for, what to make sure I do.

Don't change a thing. However he must sign for her as attorney in fact. There should be instructions / examples sent with the loan to help. But this is customary: PRINT grantor (her) name BY SIGN grantee (his) name AS HER ATTORNEY IN FACT. This should be done on each signature line (she) is required to sign. Only the grantee (his) name would be printed on the personally appeared line of the acknowledgment. The signature affidavit (jurat) of the grantee (her) would be left blank.

*Out of all my signings I haven't had a POA before.

Each document must be reviewed closely for signer errors.

Reply by JanetK_CA on 3/16/07 4:42pm
Msg #180262

I wouldn't assume that the title co is already in the loop and that he has it covered. Very important to clear with the title co up front. Also need to make sure the lender is OK with him using a POA. I ran into a similar situation a couple of years back with a last minute call from a guy who said he "did this all the time..." and that he was sure it was OK with everyone. NOT!! Fortunately, I checked first and lo and behold, it was news to everyone else. We had to reschedule because the lender would not allow it. (And who ever said be careful is right on target. In this type of a situation, I'd want to make sure his ID was perfect!)

Also, the method of signing that Joe gave you is probably the recommended way to go, but I would also confirm this with the tc. Some will have you put the AIF person's name first with the principal's name second. You want to be sure to have the signer do it the way the client wants it.