Posted by Jim/AL on 3/22/11 12:17am
Msg #377015

POA or AIF verbiage in our Acknowledgement area?

Still confused, asked earlier and most answered how to sign...not the question.

If signing as AIF then why oh why should my acknowledgment area include anything but his/her name (person leaving ink on paper)?

He or she is only person involved, he or she signed both places, signature verbiage plainly states it was he or she for him or her doing the signing.

The POA is in place to allow this, so I do not git why we should have to state the obvious.

Reply by Susan Fischer on 3/22/11 2:31am
Msg #377016

Jmho: in my state, we can include both capacities: for

instance; "Mrs B individually, and Mrs B for Mr B as his Attorney-in-fact" in our certs, where, Mrs B signed as both, as she appeared before me in both capacities.

Notes in our journals address the POAs claimed/presented, and there's a recording of the circumstances, which, are quite useful in case of some challenge.

I really like smart Laws that appreciate Capacity.

Reply by Linda_H/FL on 3/22/11 6:37am
Msg #377018

Jim, I'm still confused too as I'm not sure what you're

looking for...

Robert answered your question; Marilynn answered your question; and I gave an answer for my own state, which is about all any of us can really do - cite our own state's procedures.

If you're still not sure, I still say run it by whomever in your state would have the say over notary procedure as it's Alabama procedure that rules the day for you, not us.

MHO

Reply by FlaNotary2 on 3/22/11 7:30am
Msg #377020

I think he's looking for someone to confirm what he does

Jim, if your laws are silent on the matter, you can do what you think is best practice - or contact your SOS for guidance. (I know that Alabama's SOS is largely ineffective, but it is worth a try).

I am not an Alabama notary nor an Alabama notary instructor but I am somewhat familiar with the notary laws of other states. It is standard business practice for the notary to indicate capacity within the acknowledgment certificate itself. In Florida, this is not only specifically allowed by law, but our SOS states that we don't need to see the original POA - we can simply take their word for it. As long as the signer is acknowledging that he is the attorney-in-fact for so-and-so (or is the president of such-and-such corporation,etc.), it is all on the signer. Not the notary's responsibility.

In my opinion as a notary and a notary educator, I don't think there is any reason why you should not include capacity in your certificates. As stated in my previous message, I think the only state that specifically prohibits it is California - and California's notary laws are not representative of the notary laws of the rest of the country. This appears to be a rule you made up yourself, and I would be cautious with it because the omission of the information could potentially invalidate the document.

I really suggest that you contact your SOS - and if they don't respond, I would suggest you meet with a real estate attorney in Alabama.

Reply by FlaNotary2 on 3/22/11 7:33am
Msg #377021

And before anyone says something...

when I say it could potentially invalidate the document...

In Florida, a bad acknowledgment CAN invalidate a recorded document, because a document concerning real estate which is not validly acknowledged is not entitled for recordation. This is a defense that has been used in many foreclosure cases here in Florida.

This is my opinion as a Florida notary, not to be construed as legal advice, etc. Like I said above, such questions should be directed to a real estate attorney.

Reply by JanetK_CA on 3/23/11 7:42pm
Msg #377312

I may be biased by the California restriction on including capacity, but I totally agree with your statement about only putting in the name of the person (or persons) who physically appears before you. Obviously, though, this is a gray area, since there's a wide divergence between state law. If your state doesn't address this issue at all, then you just have to use your own best judgment. mho.