Posted by KathiAZ on 5/1/10 10:12am
Msg #334480

Notarizing an "X"


I have a signing with a special POA for the wife to sign for the Husband, He will sign the POA with an X, and there is supposed t be a witness to verify the Husband's X.

I have the SOS info on signing with a mark, if there is sufficient evidence as to the ID of the person signing with the mark, you do not need a witness. I am not sure if this person does not have ID and that is why there is a witness.

I have the information on the wife is to sign, and I know the initials will be CB, JB AIF for CB.

My question is, since there will both be there can I list them on the acknowledgment, or do I list as the sample below?


In the acknowledgment:

....personally appeared by:
Jane Doe
Jane Doe, Attorney In Fact for Jack Jones

Thanks

Reply by Robert/FL on 5/1/10 10:48am
Msg #334482

"The foregoing instrument was acknowledged before me.... by Jane Doe, individually and as attorney-in-fact for Jack Jones."

Reply by Linda_H/FL on 5/1/10 12:20pm
Msg #334488

Kathi...maybe it's me but your post is very confusing

Is the principal signing a POA? Is that what you're notarizing? If the principal is executing a POA I've never had one IME where the AIF signs also, but if that's the AZ standard form I would think the AIF would sign individually accepting the appointment (can't sign as AIF until POA is completely executed and delivered)...

Or do you have other documents where the wife is signing on his behalf as AIF. What initials?

Not sure what "witness" you're talking about - the most I can figure is if no ID then *Credible* witness?

If principal IS, in fact, just executing a new POA, then the acknowledgement would state that HE appeared before you - and follow your state rules on Signature by Mark. In FL, signature by mark Ack (body only) would read:

The foregoing instrument was acknowledged before me this _______ day of ___________________, 20____, by John Doe , who signed by way of mark in
the presence of these witnesses and who produced (type of identification) as identification"

Like I said - a bit confused...need clearer info here...

Reply by PAW on 5/1/10 12:21pm
Msg #334489

I'm confused. Is the principal going to be signing for himself with an "X" or is the wife going to be signing for him as his attorney-in-fact? If the wife has a Power of Attorney for real estate transactions, and therefore can sign for the principal, there is no need for the principal to sign or make a mark. If the wife does -not- have a POA, then the principal can sign with an "X" as stated in the sidebar on page 16 of the AZ Notary Public Reference Manual.

Reply by Linda_H/FL on 5/1/10 12:22pm
Msg #334490

LOL Paul!! n/m

Reply by Ilene C. Seidel on 5/1/10 12:27pm
Msg #334493

I've closed one loan where the borrower was unable to sign her name do to MS. We had to get a special legal document completed by title company in order for her to sign with X.