Posted by Jackie/SC on 7/25/11 5:55pm
Msg #391170

poa

How should someone sign an affidavit using poa

Reply by jba/fl on 7/25/11 6:17pm
Msg #391171

If this is for loan docs, you would do well to call the title company and ask for their prefered exact wording. Sometimes you can find that wording in the 'closing instructions'. There are a few different ways which is why I suggest calling the TC (or whoever hired you.)

Reply by jba/fl on 7/25/11 6:33pm
Msg #391172

Addionally, the attorney overseeing this closing if it is a closing, should know this already and will be able to advise you.

Reply by Teresa/FL on 7/25/11 6:51pm
Msg #391173

An attorney-in-fact cannot take an oath for the principal n/m

Reply by MrEd_Ca on 7/25/11 7:24pm
Msg #391176

Is there a reference for this, somewhere ? ...

... I also have said this same thing in the past, that an attorney-in-fact cannot take an oath for the principal, but does someone have a reference somewhere for this?
I looked in the California notary Handbook & could not find anything on this subject but, the example on pg 15 of a Power of Attorney has the wording giving the " attorney-in-fact (the power to act) on all matters pertaining to the handling of my estate, finances, and investments." The phrase ' All Matters' sounds like the signer is giving the principal the authority to take an oath, as well as sign, on his behalf.
It would be nice if there was some code or article or reference that could be referred to when the SS, TC, Lender, ect. dispute this sort of thing with the Notary.

Reply by Marian_in_CA on 7/25/11 7:28pm
Msg #391177

Re: Is there a reference for this, somewhere ? ...

In California it doesn't matter since you aren't concerned with their capacity.

Reply by GOLDGIRL/CA on 7/26/11 12:16am
Msg #391204

Re: Is there a reference for this, somewhere ? ...

Apparently you and I are the only two notaries in CA who have a problem with an attorney-in-fact signer taking an oath for the absent party. FL law has it covered as (as it does many other things pertaining to notarydom, whereas CA leaves us twisting in the wind on these issues.) I have said in vain to lenders and TCs that no one can take an oath for another person, i.e., someone signing for another person cannot take an oath saying that the absent person is telling the truth. Yet lenders and TCs start screeching about this

Reply by GOLDGIRL/CA on 7/26/11 12:21am
Msg #391205

(woops) continued ....

if their documents are not filled out indicating that the absent party is telling the truth through the person signing for them There are some things a POA cannot do - voting is another one. If there is one thing I wish the CA legislature would do is pass a law similar to what Theresa pointed out.

Reply by Susan Fischer on 7/26/11 12:56am
Msg #391211

ORS 194.505(6) A verification of oath/affirmation is a

statement by a person who asserts its truth and takes an oath about the assertion.

Per Oregon Notarial law, "An oath cannot be done on behalf of someone else, including a corporation."

What does your state's law say?

Reply by JanetK_CA on 7/27/11 2:34am
Msg #391501

Re: Is there a reference for this, somewhere ? ...

The way I see it, the principal who issued the POA to his/her AIF is not appearing before you. In CA the required wording for both an acknowledgment and a jurat now includes the phrase "who appeared before me", along with the name of the person whose signature we are notarizing. So the name of the principal should not go into the notary certificate - only the name of the person who IS personally appearing before you and signing the name of the principal.

This may be an entirely different rationale than saying that one person cannot take an oath for another, but it gets you to the same place. So I think the certificate language itself is all that you should need to show to anyone who is giving you grief about this.

Reply by Teresa/FL on 7/25/11 7:34pm
Msg #391180

FL does allow capacity. I don't know if S. Carolina does

In FL, an AIF cannot take an oath on behalf of the principal.

Reply by jba/fl on 7/25/11 9:21pm
Msg #391183

Re: FL does allow capacity. I don't know if S. Carolina does

In FL we don't need attorney present or on phone as in SC.

Reply by Teresa/FL on 7/26/11 7:44am
Msg #391235

Re: FL does allow capacity. I don't know if S. Carolina does

I have had a SS arrange for an attorney to be on the phone when I performed a closing for SC property here in FL. I don't know if it was legally required, but it made no difference to me.

The original question in this thread about an AIF signing an affidavit (and therefore taking an oath for the principal) is one I have encountered many times. Since the question came from a SC notary, it would be best addressed by a SC attorney.