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attorney in fact
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attorney in fact
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Posted by pat/WA on 4/30/09 10:31am
Msg #286808

attorney in fact

on the DOT it says personally appreared before me. How do you word it if it is an POA for the signer?

Reply by sue_pa on 4/30/09 10:35am
Msg #286809

how many years have you been doing this? n/m

Reply by L.G (Buc) Alboucq on 4/30/09 11:05am
Msg #286820

Re: how many years have you been doing this?

Do you ever say anything nice????

Reply by MW/VA on 4/30/09 11:36am
Msg #286826

Re: how many years have you been doing this?

Nice is one thing, constructive is another.

Reply by L.G (Buc) Alboucq on 4/30/09 12:15pm
Msg #286834

CONCSTUCTIVE IS RIGHT! n/m

Reply by L.G (Buc) Alboucq on 4/30/09 12:17pm
Msg #286835

Re: CONCSTRUCTIVE IS RIGHT!

Sorry misspelled - Sue is never helpful (constructive)


Reply by BrendaTx on 4/30/09 12:32pm
Msg #286838

I respectfully disagree.

Sue has helped me a great deal over the years.

Reply by sue_pa on 4/30/09 1:13pm
Msg #286842

Re: CONCSTRUCTIVE IS RIGHT!

Sometimes many individuals (myself included) need smacked upside their head with a 2x4 in order to have something sink in.

This woman apparently has been doing this job for a few YEARS. She comes on the boards with the most incredibly basic questions. She asks a question and receives numerous responses ALL indicating she is wrong about reverse mortgages. She is back in a few days apparently going to disregard ALL advice she was given, and it was good advice. She then comes on here asking LEGAL questions and likes the answer someone across the country gives her even though she apparently hasn't the ability to ask her client ... the one with the answser. She asks what is the APR. Now she is asking notary 101 which apparently is readily available from her state. She disagrees with her husband - he is point and sign and she wants to be legal/financial counsel to her signers.

So no, I cannot be "nice" to some people when they are intent on screwing up my job because what she does out in WA reflects on ALL of us.

Reply by Becca_FL on 4/30/09 2:07pm
Msg #286855

I have to agree with Sue.

Pat/Wa has been closing loans for how many years??? How is it she does not know the answer to this question or at least know to review her her states notary laws/manual to find the answer and save herself the public embarrassment? She (pat/wa) continues to post ridiculously simple questions on this forum and this reflects on the NSA community as a whole.

Reply by jba/fl on 4/30/09 2:31pm
Msg #286861

Re: I have to agree with Sue.

Having been on the end of Sue's right jab for my own silly posting, it has made me more aware of what to do and how to do properly. If the criticism is meant well, then roll with the punches and get over it. Sue is mostly dead-on in her assessments.

As for POA's: How many times has this been discussed here in the past 6 mos alone? Answer: many. Simple search should be the first line of defense prior to even asking. This is not a question that one could say, "I searched and nothing came up."

Reply by Bob_Chicago on 4/30/09 2:37pm
Msg #286863

I also concur. This is why so many SSs and TCs think..

that it is necessary to baby sit NSAs.
Those of us who do know what we are doing are lumped
in with those who don't seem to have a clue and don't make
an effort to learn from readily accesable sources specific to their
respective states. Easier to post ?/ and notrot, and either take advice from
someone, who may know even less than they do, or in the alternative , reject
advice from experienced, knowledgeable experts in the field.

Reply by BrendaTx on 4/30/09 2:51pm
Msg #286864

Thanks, Bob. Very well put. n/m

Reply by MW/VA on 4/30/09 3:38pm
Msg #286884

Re: CONCSTRUCTIVE IS RIGHT!

I may agree with everything you've said here. Is it relevant? Does it help our profession to openly criticize another notary on this public forum? IMO I don't think it reflects well on anyone to get into this personal stuff. If someone posts a "stupid question", why not let it slide by. I don't feel a need to correct everyone, because that would make me appear to be arrogant. If it's a healthy discussion I participate, if it's not, I don't--fairly simple. It's not up to me to "police" the notary signing profession.
That said, I have learned a great deal from those who have much more experience/expertise than I do. Many have years of experience in related fields--mortgage, title, real estate, law--that the rest of us may not have. Thanks to all who are willing to share that without attack on the less well-informed.

Reply by JanetK_CA on 4/30/09 4:35pm
Msg #286899

Re: CONCSTRUCTIVE IS RIGHT!

Maybe I'm misinterpreting your post, but I have a slightly different perspective. Sometimes when I see a post with what I consider to be just plain wrong information, I feel that it can do harm to leave it unanswered. (I'm not talking about trolling or someone just trying to stir things up.) Whatever gets posted here is available to be retrieved from searches and could potentially give the wrong idea to someone down the road who is searching and may not know any better. Some statements need to be challenged.

Reply by BrendaTx on 4/30/09 4:40pm
Msg #286901

I was thinking the same, Janet.

When I was learning I read forums all the time to help me know the questions to ask. I think bad info on a forum is bad for everyone.

Reply by CopperheadVA on 4/30/09 10:37am
Msg #286810

My state's notary handbook tells me how to do it for VA n/m

Reply by Philip Johnson on 4/30/09 10:47am
Msg #286812

Have you looked at our state's website?

RCW 42.44.100 explains it rather nicely

Reply by A S Johnson on 4/30/09 10:51am
Msg #286814

Re: Have you looked at our state's website?

Very Important!!!!!!!!!!!
Call the title company/Escrow officer and ask how they want this worded.

Reply by CopperheadVA on 4/30/09 10:54am
Msg #286815

Re: Have you looked at our state's website?

Just for clarification, the title company should direct us how they want to signer to sign as POA (and I always ask via e-mail so I have it in writing - I print it out and bring it to show the signer).

Our state notary handbook should direct us as to what the proper notarial certificate wording is for our own state.

Reply by Philip Johnson on 4/30/09 10:58am
Msg #286817

No the state tells you how this is worded.

Here they give a very definitive way to do POA's, so I follow the guidance from Olympia not from a California TC who does not know what the state of Washington requires. It may be different in Texas, but here in the evergray state we have a good example of how it's done on the state's website.

Reply by pat/WA on 4/30/09 11:05am
Msg #286819

Re: No the state tells you how this is worded.

Thank you. I did a short for acknowledgement from the Washington state Notary handbook.


Reply by jba/fl on 4/30/09 11:58am
Msg #286830

Blasphemy Philip, blasphemy. EverGREEN State! Like

Emerald!

ROFL - western WA is mostly evergray - used to buy beads from gal on Mercer Island - Seattle Skies very popular color - beautiful murky gray.

Reply by pat/WA on 4/30/09 12:18pm
Msg #286836

Re: Blasphemy Philip, blasphemy. EverGREEN State! Like

It is beautiful here.
There is a huge store here called Shipwreck Beads. HUGE SELECTION

Reply by Gary_CA on 4/30/09 1:49pm
Msg #286846

The real question

All this about AIF's and POA's is important, I guess. But my burning question is why, somebody tell me why, a baseball team that's been winning 2 out of 3 games all season can't win two in a series against a team that's been LOSING 2 of 3 all season????? It was only logical they'd (the winners that is) would have won. This irrational turn of events cost me 10 bucks.

!@#$%^&*()!!

Reply by Dennis D Broadbooks on 4/30/09 1:55pm
Msg #286847

Just Goes to Show You, Gary...

...never bet on the Codgers. You knew better than that. Now you DO know what the answer to the latest NetFlix question is, don't you? CoooooRect! The Redbirds still have the best record in all of MLB along with a 3.5 game lead in the Central Division. Hopefully the Cards will sweep the Nationals in a 4 game series starting today...the Nats have the worst record in all of baseball. We'll see...

Reply by jba/fl on 4/30/09 2:26pm
Msg #286859

Re: Blasphemy Philip, blasphemy. EverGREEN State! Like

If you like Indian beads (from India)....they are not really up to snuff compared to other countries (Chezk, German, Austrian, African, Chinese even!) JMO

Reply by ME/NJ on 4/30/09 11:04am
Msg #286818

In NJ there is a couple of ways to word it

I would call the TC and ask them how they would like it worded.

Reply by OR on 4/30/09 11:44am
Msg #286828

Re: I always ask the hiring party to send the wording....

I have learned that Title Co's can be so different so I always ask for the exact wording first and then compare it with Oregon's required wording. Then I can let everyone know if it works in my State or not. However I have never had it not match. Good Luck



Reply by Linda_H/FL on 4/30/09 4:22pm
Msg #286896

Re: I always ask the hiring party to send the wording....

It's not up to the hiring party to tell me how to word my certs - that's my job and between me and my state laws...

Reply by Bob_Chicago on 4/30/09 4:45pm
Msg #286903

Correctamundo

"It's not up to the hiring party to tell me how to word my certs - that's my job and between me and my state laws..."

Reply by Bob_Chicago on 4/30/09 4:53pm
Msg #286904

Re: Correctamundo Furthermore. I keep a suply of

IL compliant loose certs with an "optional" section
beneath my signature and seal.
It shows Capacity CLAIMED by signer with boxes to check
including, Individual, corporate officer, Attornery in fact, trustee, partner, guradian , conservator and other. It also has section for title or type of doc, date,
# of pages and other signers (if any).
I would think that this form would be acceptable in many states.

Reply by JanetK_CA on 4/30/09 4:59pm
Msg #286906

Re: Correctamundo Furthermore. I keep a suply of

I assumed that ME/NJ was referring to the way the person holding the POA was to sign the other person's name. But that may be because of our restriction in CA against declaring capacity.

Reply by PAW on 4/30/09 12:19pm
Msg #286837

Different wording for signature line and notary certificate

The title company or lender will dictate how they want the signature to read. That is, how the signer is to sign the document.

The state will dictate how the notary certificate is to read when the signer is an attorney-in-fact signing under the powers granted in the POA. Since signing as an attorney-if-fact is a representative capacity, some states (e.g. CA) do not allow the capacity to be included in a notary certificate, while others (e.g. FL) mandate that the representative capacity be clearly shown.

Reply by pat/WA on 4/30/09 1:56pm
Msg #286850

learning

I learn something new every day and when I quit learning it is time to quit. It is too bad that people like Sue know all there is to know about everything. If nothing else, life must be boring.

Reply by HARRY_PA on 4/30/09 2:06pm
Msg #286854

Re: learning

I agree with your premise that we should be open to learn something new day. I believe that the criticism was that if you don't already know something so basic, why are you doing loan signings? Keep learning but know your basics. Perhaps a time out is in order to nail them done. Respectfully,

Harry






Reply by JanetK_CA on 4/30/09 5:12pm
Msg #286908

Re: learning

Or at least attempt to do your own homework first when new issue comes up. I wouldn't question Pat's right to be doing loan signings, but after the first 1,000 signings or so, I'd sure like to think that a signing notary knows the resources available to him/her and where to go to find the best answers in any particular situation.

And I find it kinda hard to believe the claim of 6,000 signings... I've been doing this for longer than she claims to have been, but haven't come close to 6,000 signings. (Maybe I'm just lazy - or have too much competition? Wink) However, I still have no qualms about posing a question to the tc when gray area issues come up. (In fact, I ask nearly every time I see a property in a trust or a POA -- unless it's a lender/tc where I've done enough of those for them to know how they want it done.)



Reply by Marian_in_CA on 4/30/09 5:22pm
Msg #286910

Re: learning

I'm with Janet on this. I don't think there's ever harm in asking questions to get clarification. I do it myself all the time. I especially do it with new services or if something seems a bit out of the ordinary. It's all in how you ask and how you approch it.

It just seems unusual to be asking certain "kinds" of questions while claiming to have so much experience. I know some notaries doing this for 10 years who haven't done 6,000 signings yet.

A claim of 6000 signings in six years does seem to be a bit of an exaggeration. That makes, what... 3 a day for 6 years? Hard to believe when just a few months ago, she posted about how she's not getting much work.

I do think it's a shame that she feels run off by certain people, though. Frown That's not very helpful.

Reply by Linda_H/FL on 4/30/09 5:41pm
Msg #286917

Re: learning...Pat...this statement is really unfair..

"I learn something new every day and when I quit learning it is time to quit. It is too bad that people like Sue know all there is to know about everything. If nothing else, life must be boring"

All due respect but there's a big difference between knowing about everything and knowing the basics.....I don't believe Sue or anyone else is claiming to know EVERYTHING but she, and many others, sure know the basics of the job they're doing..and that's the point ... for someone who claims to have done 6000 signings you don't appear to have a grasp on the notary basics - that or you don't know how to research your own notary laws (or just can't be bothered - let the masses help you out). Either way, that's just plain scary....and unbelievable.

MHO


 
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