Posted by La Trese Breaux on 3/14/13 11:19am
Msg #461126
Need help with attorney in fact
Hello,
I am working on a hud, the buyer has an power of attorney, how should she sign.
| Reply by bagger on 3/14/13 11:23am
Msg #461127
Do not assume anything!
Check with whohever hired you.
| Reply by Gregory/CA on 3/14/13 11:23am
Msg #461128
I'd call hiring party if instructions do not provide answer n/m
| Reply by La Trese Breaux on 3/14/13 11:27am
Msg #461130
Re: I'd call hiring party if instructions do not provide answer
actually it is a HUD Loan that we have to submit and Hud is really pickie, I will try to search the HUD website Thanks
| Reply by Linda_H/FL on 3/14/13 1:55pm
Msg #461154
La Trese - are you doing this as a signing agent or
is this another job you do? You're doing a "HUD Loan that you have to submit"? Are you a loan officer or originator?
If as a notary or signing agent, sounds like you're doing a RESPA signing...despite everything else that's been said here about us doing those, you still need to check with your hiring party as to how they want the AIF to sign. And, if you ARE doing it as a notary/signing agent you should not be taking it upon youself to search the HUD website and make a determination. Let your hiring party tell you.
Now, if it's for another line of work you have, that's a whole different animal. But either way - it's not usually HUD-specific, but rather lender-specific.
JMO
| Reply by Marian_in_CA on 3/14/13 11:51am
Msg #461134
Whatever you do... do not ask for or review the POA document. That's not our business. Remember that we're not allowed to "determine or certify" representative capacity.
The signer or the hiring party should tell you how they should sign... that's not your problem to figure out.
| Reply by Jessica/FL on 3/14/13 1:15pm
Msg #461147
I would ask the hiring party for instructions. They may not know that it is a POA and if it is for RE transactions, the Lender has to approve the POA so new docs may have to be drawn.
Power of Attorney:
SIGN as follows
__________ by ______________ as his/her attorney in fact
Initials:
__ by __ AIF
| Reply by jojo_MN on 3/14/13 1:28pm
Msg #461149
Call hiring party, all different
Some variations are:
John B. Doe by Jane S. Doe, as his attorney in fact
John B. Doe by Jane S. Doe, AIF
John B. Doe by Jane S. Doe, as Power of Attorney
John B. Doe by Jane S. Doe, POA
Jane S. Doe as Attorney in Fact for John B. Doe
Jane S. Doe as Power of Attorney for John B. Doe
Jane S. Doe, Attorney in Fact for John B. Doe
Jane S. Doe, AIF for John B. Doe
Jane S. Doe, POA of John B. Doe
Jane S. Doe (With any of the above printed under line)
Initials, Some require just JSD, some JSD, as POE for JBD, JBD by JSD, aie, JBD by JSD poa.
I have had all of the above variations over the years, so please check with the hiring entity.
| Reply by Marian_in_CA on 3/14/13 1:55pm
Msg #461155
Re: Call hiring party, all different
Same here, I've seen TONS of different ways and preferences for how they add that capacity.
Also, given that the notary is in CA be aware that you CANNOT put the title or capacity on the notarial certificate. You can only write the name of the person appearing in front of you.
This, BTW, is another example if why the name on the certificate doesn't (or legally can't) match the name as signed on the documents. When you're dealing with an AIF, if they claim the capcity to sign...that's what they're doing. That's why our required certificate wording has the language, ..."person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument."
Note that last bit about acting on the behalf of an entity? It's all about what they claim to be able to do... not what we determine they have the right to do.
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