Posted by ikando on 6/5/13 10:38am
Msg #472315

POA and GNW

An earlier thread mentioned that the lending companies are requiring the original POA be sent in order to comply with their requirements for a loan. I often notarize POA documents in my general notary work, and I always tell the agent to keep the original in a safe place.

There are two scenarios I'm looking at with regard to the request for the original POA. 1) Stressful situation such as health issues, and 2) trusts or traveling situations.

Most of the time in situation 2, the principal is probably going to be available and able to sign another original if need be. However, if the POA was signed in situation 1, and the agent has been asked to help with the sale or refinancing of a property in order to pay medical bills, for instance, does anyone have suggestions of how to handle the requests from medical facilities, legal entities, etc., who will also want to at least see the original document? I know many times it's a real struggle for the principal to be able to sign the first time. Would it be good to have two copies be signed at the same time? Would they both be considered originals?

Just asking to add to my knowledge base. Any comments or suggestions are appreciated.

Reply by Linda_H/FL on 6/5/13 10:46am
Msg #472316

Most times, in the law firms I worked in,

we always had more than one original executed - sometimes as many as 3-5 - to accommodate some of these requests. My husband and I, for example, have two originals each - one to give to the AIF, one for us. Our attorney kept a copy.

One alternate way to handle it is for them to get "certified copies" - a certified copy is just as good as the original in most cases, most especially in real estate transactions - certified copies can be recorded just as the original.

Reply by MW/VA on 6/5/13 2:58pm
Msg #472358

Important case for docs prepared by an attorney, Linda.

They usually know to do more than one original signed POA document.

Reply by FGX/NJ on 6/5/13 10:58am
Msg #472318

Often do multiple originals. In NJ Notary can not certify copies of documents.

Reply by Susan Fischer on 6/5/13 11:19am
Msg #472319

Conformed copies are certified by County Recorder, not

Notaries.

Reply by Linda_H/FL on 6/5/13 11:23am
Msg #472321

IF it's a recorded document. n/m

Reply by Susan Fischer on 6/5/13 11:26am
Msg #472322

Re: IF it's a recorded document. n/m

Reply by Susan Fischer on 6/5/13 11:36am
Msg #472323

Oops. True. Multiple originals = always a good idea, and

so is recording the POA when it allows RE transactions.

Reply by JanetK_CA on 6/5/13 11:48am
Msg #472325

Re: Conformed copies are certified by County Recorder, not

This may come as a shock to some here, but in California, notaries ARE allowed to certify copies of Powers of Attorney. It's the only kind of copy we can certify.

I can only remember one time I've actually been asked to certify a POA copy. That was for a woman whose husband was serving in Iraq, so he wasn't available to get his signature notarized on additional originals. I just held the two copies up to the light together to make sure they were exactly the same. Worked like a charm and problem solved.

I agree with the others that it's probably a very good idea to have multiple copies, whether certified copies or separately notarized ones.

Reply by Linda_H/FL on 6/5/13 12:04pm
Msg #472330

We can do them here too - but we must make the

copies or directly supervise the making of the copy from the original.

Reply by Susan Fischer on 6/5/13 7:49pm
Msg #472396

Same in Oregon. n/m

Reply by GOLDGIRL/CA on 6/5/13 12:57pm
Msg #472338

CA notaries ....

... are actually allowed to certify copies of two things: POAs and their journal. (I've never done either or seen either.)

Still, it seems a good idea to have multiple originals.

Reply by Marian_in_CA on 6/5/13 1:06pm
Msg #472341

Re: CA notaries ....

I've done both, and it's really easy. In fact, in many cases when I do a POA signing I will often offer to certify an extra copy or two right then for a free or reduced rate. CA law says the certified copy is just like an original and companies are required to take it.

The nice thing about certifying copies is that you're not actually notarizing anyone's signature, so the original signer does not need to appear. The problem , I've learned is that a lot of notaries don't understand that or how to properly certify a copy so they tell people it's illegal without realizing they're giving people wrong information.