Posted by Kathy Watkins on 10/27/12 1:14pm
Msg #440763

Refi with Power of Attorney

My first signing with POA, wife and husband as co-borrowers, wife signing for husband.
My question: On the affidavits where I put in the names of those who personally appeared before me I wrote: Jane Doe, John Doe by Jane Doe as attorney in fact.
Is this correct?

Reply by MW/VA on 10/27/12 1:19pm
Msg #440765

I only put the name of the person who appeared before me in the notarial certificate, but usually like this: "Jane Doe, individually & as POA for John Doe". This has been discussed and I know CA notaries won't use any language that indicates "capacity".

Reply by Kathy Watkins on 10/27/12 1:27pm
Msg #440769

Thank you MW/VA

Reply by CopperheadVA on 10/27/12 1:21pm
Msg #440766

Does your handbook have an example to follow for your state? Here in VA our handbook does. I would have done it as follows:

.... Jane Doe and Jane Doe as Attorney-in-Fact on behalf of John Doe.

Reply by Kathy Watkins on 10/27/12 1:35pm
Msg #440773

Thank you CopperheadVA

Reply by Roger_OH on 10/27/12 1:39pm
Msg #440776

Yeah, check your state laws about capacity, AND note...

that a person signing as an attorney-in-fact on affidavits cannot take an oath/affirmation on behalf of the person they are signing for. You can't swear in someone who isn't personally before you.

You can only swear in and use a jurat certificate for the POA signer if they are also signing for themselves; the person they are signing FOR can only have their attorney-in-fact signature acknowledged.

On affidavit certificates wherein they are both named together, you would cross out/initial the person being represented by the AIF, and leave the personally appearing signer's name in place, and notarize him/her; then attach a loose ack for the AIF signature notarization.

Certificate wording here is John Doe by Jane Doe, his attorney-in-fact.

Reply by Linda_H/FL on 10/27/12 1:35pm
Msg #440774

Page 20 of the CO notary handbook

State of Colorado
County of _____________
The foregoing instrument was acknowledged before me this (date) by
(name of attorney-in-fact) as attorney in fact on behalf of (name of principal).
______________________________
(Notary’s official signature)
_________________________________
(Commission Expiration)

http://www.sos.state.co.us/pubs/notary/files/notary_handbook.pdf

Reply by Linda_H/FL on 10/27/12 1:37pm
Msg #440775

Should be noted..there is no jurat form for an AIF

I'm going to guess this is because, as in FL, an AIF cannot swear to the truth of statement on behalf of the principal under the POA..

Looks like only acks would be used with a POA.

Reply by Kathy Watkins on 10/27/12 1:44pm
Msg #440779

Re: Page 20 of the CO notary handbook

just what I needed. thank you Linda

Reply by HSH/WA on 10/27/12 11:23pm
Msg #440867

Re: Good info, I learn for posts like this - thanks n/m