Posted by budman63/tn on 3/16/12 1:19pm Msg #415144
strange poa request
I was contacted by an insurance company apparently handling an accident claim. They wanted me to meet with the principal and exchange a check for a vehicle title and also wanted me to notarize a POA 'stating that the principal appointed another company named on the POA' "as their true and lawful attorney-in-fact for the sole purpose of transferring or making application for title and registration to the named vehicle. With the full authority to sign on their behalf all papers and documents and to do all that is necessary to this appointment." Owner's signatory line and notaary info with basic acknowledgement wording. Nothing else, no signatures, no notorial wording. I was very confused by this, as I had the feeling that this was un-ethical and illlegal in some way. When advising the insurance company as to my refusal to commit to the notarization they stated that they do this all the time. They then stated just have the principal sign the title over to us and send it to us. Now I'm really confused. Sorry for the length of this quote, but, I have completed many POA's and this is nothing like I have ever come across. Can anyone please give me some advice or guidance on this? Thanks.
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Reply by Linda_H/FL on 3/16/12 1:29pm Msg #415146
Accident claim - car totaled - car has outstanding loan on
it and therefore a lien - Ins paying off loan and getting lien released - and since car totaled, owner surrenders vehicle - company needs POA from vehicle owner to change vehicle title for salvage purposes.
Did a lot of these in my days at the law firm doing PI - not so unusual..just a PIA - nothing illegal about it. It's done all the time.
If the owner was aware of what was going on, it's not up to you to delve too deeply into it - you're not responsible for body of docs - only the notarization adn the signer's understanding of the transaction and his/her willingness to sign.
JMO
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