Posted by Terrie Sliger on 2/20/10 1:02pm
Msg #323594

poa question

I did POA signing lastnight, was my first one and the guy signed as attorney-in-fact. my question is on the notary page of the mortgage and the occupancy and financial status affidavit it has the guys name that wasnt there but the other guy signed the guys name and then his as attorney in fact. then were i notarize where it says appeared before me whos name do I put there?

and with the mortgage they are both on it, when I notarize that page where it says appeared before me what name do I put there? Do I put both or just the guy that was there signing as attorney-in-fact name?

Reply by Notarysigner on 2/20/10 1:12pm
Msg #323595

Was the power of attorney part of a loan package? If it was, did the loan package have closing instructions in it? With an example of how they wanted the POA to be signed? I seen variations so I usually follow what the example/instructions say. Added advice, I wouldn't sign first then ask second, that could cause you a lot of headaches. IMO

Reply by Notarysigner on 2/20/10 1:14pm
Msg #323596

Search button shows lots of discussion about POA n/m

Reply by Terrie Sliger on 2/20/10 1:15pm
Msg #323597

yes he was part of the package it was his house. I don't know what name I am notarizing.

Reply by Pat/IL on 2/20/10 1:21pm
Msg #323599

The name on the certificate should be that of the person who appeared before you. In some states, they include the signer's capacity (i.e. Attorney-In-Fact), in other states they don't. Check your state's handbook to see which applies to you.

Reply by CopperheadVA on 2/20/10 6:39pm
Msg #323622

Agree with Pat, you must check you state's handbook to see how you should handle the notary cert. In my state of VA, it would be like this:

Acknowledged before me this 20th day of February, 2010, by Jane S. Doe as attorney-in-fact on behalf of John S. Doe.

Reply by JanetK_CA on 2/20/10 1:24pm
Msg #323600

Break it down to it's simplest... Who was the person who actually appeared before you and whose ID did you examine? That person signed someone else's name in their capacity as his/her AIF, but you've never actually seen the principal, right? And there is only one person who you have identified.

Your state may be different, but here, I would only put the name of the person I was face to face with. And I probably would not do a jurat, since I was unable to swear in the principal - but this is one of those issues that has seen much discussion on this board. As James (I think) said, always best to check out these types of signings in advance and ask your client. Keep in mind, though, that the notary certificate is ultimately your responsibility, so don't take their word as gospel - unless it has to do with the format they want the person to use when signing.

Reply by Cari on 2/20/10 1:55pm
Msg #323602

did you call the folks that hired u? n/m

Reply by Gavina Franklin on 2/20/10 1:20pm
Msg #323598

Only the person who sign in front of you n/m

Reply by GOLDGIRL/CA on 2/20/10 1:27pm
Msg #323601

<< ... then were i notarize where it says appeared before me whos name do I put there? >>
<< ... when I notarize that page where it says appeared before me what name do I put there?>>


You just answered your own questions: the person "who appeared before me."

POAs can be a PIA sometimes. The search button will turn up lots of vital info on how to do this, too....

Reply by Claudine Osborne on 2/20/10 7:42pm
Msg #323631

In Ohio we don't have a handbook..! Common sense would be to notarize the person that was in front of you!