Posted by Note Worthy, Inc. on 7/5/11 8:45am
Msg #388578

POA

At a signing appointment, I was presented a faxed copy of the original POA for the Wife (Husband was present) indicating Husaband could sign for her. Wife was in another State. Husband advised that Title had informed her to send original POA to Title only. Is a faxed copy of POA sufficient?

Reply by Sylvia_FL on 7/5/11 8:53am
Msg #388580

Call title and ask.
But if they had requested an original, then that is more than likely what they want - an original. Not our call to make.

Reply by Linda_H/FL on 7/5/11 8:54am
Msg #388581

Was this a surprise to you? Were you not advised of this

in advance? From a notary perspective, you need to check your individual state law. For example - here in FL we're not required to see the POA - are you required to see the original in Indiana?

On the signing agent/loan signing side - is title aware of the existence of the POA and have they approved it? Have they approved the signing via POA? This is normally done in advance. THOSE are your issues to address with title.

Good Luck.

Reply by MichiganAl on 7/5/11 11:31am
Msg #388596

Re: Was this a surprise to you? Were you not advised of this

I'm with Linda on this. The issue is that you need to make sure title is aware of the POA and has approved it. A surefire way to tell is if they already included POA verbiage on the signature line. I don't know of any state that requires a notary to see an original POA, but check to be sure.

Reply by MW/VA on 7/5/11 10:41am
Msg #388588

In my experience with signings, POA's must be approved in advance by the lender. They usually require the original POA to be sent to them well before-hand. Sometimes I'm given a copy to view & submit with the pkg. I'd check with the tc about it, but they also should have advised you that it was a POA signing. It usually takes longer because of the all the additional verbage that needs to be signed.

Reply by GWest on 7/5/11 11:35am
Msg #388598

I would assume that since "Title had informed her to send original POA to Title Only", they need the original for recording. Is there a reason you need to see it? Sounds as if title has already been made aware of the POA and already had it approved. They may have even drawn up the POA for this transaction, sent it to the wife for signature and notariziation and advised her to returned directly to them. Hopefully they advised you that the husband was signing his wife's name as AIF, as I agree they take a bit longer due to the amount of writing the AIF has to do and additional charges would be warranted.

If this was the case, I would not even need to see the POA. Not sure of the requirements in your State.

Reply by Ocean Pacific Notary Services, Inc. on 7/5/11 1:50pm
Msg #388618

FYI - Some lenders/title require ORIGINAL POA for recording purposes and a copy is not sufficient. A phone call to your client at the table to let them know that borrower does not possess the original will alert them to recording issues down the road.

As a notary, I do not need to see the POA for notarization. It is between the client and the borrower whether there is an approved POA to close this loan. As long as he or she is there with their valid ID, I don't care