Posted by Hailswath on 6/14/13 12:00pm
Msg #473369

USA Patriot Act and POA

How do you handle this form when a POA is involved. Title is insisting that I complete this form. I never complete this with a POA on the borrower not present and not presenting ID. Title wants me to put the person signing as the POA information on this form. It is a USAA loan.

Reply by GOLDGIRL/CA on 6/14/13 12:09pm
Msg #473372

You're IDing the person signing the POA, right? So what' the difference? I'd just do as they ask. Unless I'm missing something (?), it sounds legit. I'd also note on the Patriot Act form that so and so was signing POA for so and so.

Reply by VT_Syrup on 6/14/13 12:13pm
Msg #473374

It depends on exactly what the Patriot Act form says. If it just says that the ID shown by the attorney-in-fact really belongs to the attorney-in-fact, fine. If it says the attorney-in-fact is the borrower, that wouldn't be fine. In either case it would be up to the attorney-in-fact to decide if the statement on the Patriot Act form is true and something he/she is willing to swear to.

Reply by Hailswath on 6/14/13 12:18pm
Msg #473375

POA doesn't sign it just says I personall examined the identifying documents of the borrower who isn't present.

Reply by JanetK_CA on 6/14/13 2:27pm
Msg #473391

You can't put info for someone who isn't there, obviously. But I don't see the problem in just listing the same info twice. I like Goldgirl's suggestion of making a notation that the 1st person signed as AIF for the 2nd person (or whatever the case may be), or some accurate explanation for the 2nd inclusion of the same info. There usually is a comment section, so you could just write a short sentence or two explaining the facts of the situation.