Posted by Calnotary on 5/29/08 10:32pm
Msg #249349

Countrywide Loan with POA

I have a loan for Sunday that it is with POA.
On the CLOSING AGENT/NOTARY PUBLIC CERTIFICATION PHOTO INDENTIFICATION. Sorry I am having a brain freeze. What do you write in the "Primary Borrower's Name,Type of ID, Etc Etc. You write there the wife's or the husband's info.

In this case Wife is signing for the Husband.

John Doe by his attorney in fact Mary Doe<<<<Per escrow instructions.

Thanks!

Reply by Lee/AR on 5/29/08 11:30pm
Msg #249356

I've done it every which way. So far, nobody's complained. Depends on who is really there. Don't know if it's necessary or even possible to get ID info for 'missing person'.... but if they are present & can't sign for some reason, I just figure it doesn't hurt to get ID---if only to help bank comply with Patriot Act. Might not help either. Fact is, you're notarizing 'signatures'... not people. Can't ID someone who's not there.

Reply by sue_pa on 5/30/08 6:36am
Msg #249370

A little off target here. I did a closing the other day and in the instructions it stated

... if any or all of the buyers will not be attending settlement, a power of attorney must be furnished prior to settlement. In addition, a copy of some form of current government issued photo identification is required to be produced by the absentee buyer ...

I've never seen this before. This is a title company requirement, not required in PA generally when accepting a poa.

Reply by desktopfull on 5/30/08 10:01am
Msg #249388

Good way to catch a fraudulant POA is having a copy of all

interested parties ID's. One closing I did had the son signing for his mother and father (they were out of the country in Brazil) with a POA. TC required copies of the parents' ID's since they weren't able to talk to them (according to the son they were in an area in Brazil where phone communication wasn't possible at the time). The lender required the POA be specific for the property. The son produced a general POA first and then produced the other one when I asked for the one specific for the property. He said he would have to go to the attorney's office to get the copy of his parents ID's, TC approved signing the docs with POA and having the ID's faxed to me the next day, but I was told to hold the docs until the son faxed the ID's. When I compared the signatures on the ID's to the POA's it didn't match. He signed his father and mother's name on the document and a notary acknowledged that the parents' had personally appeared in front of her. Plus the son and his wife signed the POA's as witnesses, which also isn't allowed. It turns out that the son had used a POA his parents had given him to write checks and pay the bills while they were away to sign a General POA and then the Property Specific POA. He was attempting to get $86,000.00 cash out on his parents' home. Needless to say the loan didn't go through, I don't know what happened to the son and his wife, but the notery lost her commission and was facing criminal charges. This wouldn't have been caught if the TC hadn't required a copy of the ID for the person granting the POA. Some requests by TC may seem wierd, but usually there is a good reason for making the request.

Reply by Gavina Franklin on 5/30/08 10:07am
Msg #249390

I did a signing a couple of months ago for countrywide, the signer was the brother; borrowers (husband and wife) were in Germany working (Army). Brother had power of attorney for both of them. Escrow Officer told me to write signer name on the closing agent/notary.