Posted by Hugh Nations Signing Agents of Austin on 6/24/10 8:08pm
Msg #342421

POA signature format

I am interested in ascertaining the format of the POA signature that other signing agents use.

Reply by MelissaM_FL on 6/24/10 8:27pm
Msg #342423

As I posted yesterday, I always ask the TC or SS to give me "in writing" how they want the person using the POA (or Trustee) to sign. This way it is always correct for that lender or TC.

I got badly burnt on a signing when I first started because I thought I "knew" how it was supposed to be done.

Reply by Ilene C. Seidel on 6/24/10 8:27pm
Msg #342424

john doe by jane doe his attorney in fact

Reply by BrendaTx on 6/24/10 8:37pm
Msg #342425

I go by the language of the notary certificate unless specifically directed to do otherwise. Never failed me yet.

"This instrument was acknowledged before me on (date) by (name of attorney-in-fact) as attorney-in-fact on behalf of (name of principal).:

Signature would read:
John Smith, as attorney-in-fact
on behalf of Janet Smith

I do this because
(1) I know it will match the certificate.
(2) The most important reason: Because I don't have to remember it. I can just look it up on the SOS website. http://www.sos.state.tx.us/statdoc/forms/edinfo-sample-forms.pdf

Reply by Hugh Nations Signing Agents of Austin on 6/24/10 8:56pm
Msg #342428

***I go by the language of the notary certificate unless specifically directed to do otherwise. Never failed me yet.***

It just failed me. I have been doing POAs in that format for seven years. Just had a lender whose underwriter refused to accept it. I have to have the entire package resigned. I have provided cites from the web that indicate that is an appropriate format, to no avail.

Because I have always used that format without challenge, I do not check with the lender on preference. Obviously, that's gonna change.

And in answer to the unspoken question, yes, I am getting my full fee for the second signing. I'm also getting a ticked-off borrower.

Reply by C. Rivera Chicago Notary Services on 6/24/10 9:23pm
Msg #342434

Hugh, how do they want it signed then? n/m

Reply by Hugh Nations Signing Agents of Austin on 6/24/10 10:00pm
Msg #342437

Re: Hugh, how do they want it signed then?

They want:
Ura Hogg by Ima Hogg his attorney-in-fact

Reply by BrendaTx on 6/25/10 6:31am
Msg #342448

Good to know. But, harrumph!

At least you can enjoy the second fee.

Reply by Linda_H/FL on 6/24/10 8:54pm
Msg #342427

They can sign however the lender requires....examples in our manual are:

(1) John Doe as attorney-in-fact for Nancy Smith (preferred according to the manual)
(2) Nancy Smith by John Doe, attorney-in-fact

My certs are in accordance with the FL Manual - Capacity is included in our certs.

Reply by Frank/NC on 6/24/10 9:02pm
Msg #342430

In many cases the docs have the wording the TC or lender wants. However, when it is not specified, I use, "John Doe by Jane Doe as his attorney in fact". For initials I use, "JD by JD aif".

Reply by MW/VA on 6/25/10 6:52am
Msg #342452

Ditto. n/m

Reply by Marian_in_CA on 6/24/10 9:20pm
Msg #342432

I do as Linda posted:

"John Doe as attorney-in-fact for John Doe"

In the end, it doesn't usually matter the exact format as long as the power of attorney is in place. There are just a lot of opinions in how it should be done.

Reply by Lee/AR on 6/24/10 10:34pm
Msg #342438

Because I've seen them every which way, if it isn't typed, I call and ask. A couple years ago, they 'in writing' told me 'this way'--which is what was done. Then they changed their mind and wanted it 'that way'. New docs/new day/full fee/annoyed B. What a great business, eh?

Reply by LynnNC on 6/24/10 10:55pm
Msg #342440

I always ask n/m

Reply by JanetK_CA on 6/24/10 11:49pm
Msg #342442

Re: I always ask -- Me too.

I've found that various lenders, attorneys, etc. have different preferences between the two options discussed here. The more common answer I get is for the AIF to sign the other person's name first, followed by their signature. IOW: "John Doe by Jane Doe, his Attorney in Fact".

It's kind of like a signing in a trust. Everyone has their own idea of how it "should" be done.

Reply by LynnNC on 6/25/10 1:26pm
Msg #342527

Re: I always ask -- Me too.

I also find "John Doe by Jane Doe, his Attorney in Fact" to be the most common form. I also verify how they want the initials.

Reply by Notarysigner on 6/25/10 12:09am
Msg #342443

every way you can imagine, per instruction always. Likewise, I've had to redo as a result of my doing it the way I was first taught, .....ending with ...." attorney-in-fact."

Reply by CopperheadVA on 6/25/10 6:10am
Msg #342446

I do as others have said and always ask, in writing, how they want it done. The lender's closing instructions often contain the language that the lender wants used, but I always ask anyway.

If the wording is already preprinted onto the docs and the notary certificate, I usually have to amend the notary certificate to reflect the actual person who appeared before me. We can indicate AIF capacity in our certificates here in VA.

Reply by Ilene C. Seidel on 6/25/10 11:50am
Msg #342505

Some states have specific wording on acknowledgements for POA signings

Reply by Les_CO on 6/25/10 8:44am
Msg #342472

It depends on the State. Different States different rules.