Posted by NS35/CA on 9/14/13 10:45am
Msg #484660

POWER OF ATTORNEY (SPECIFIC)

Can Attorney-In-Fact sign Grant Deed for the Principal in a refi package? Please advise, thank you all!

Reply by Yoli/CA on 9/14/13 10:54am
Msg #484663

When a AIF is to be used for a signing - refi or purchase, doesn't matter - the lender and TC will have reviewed the POA and approved it. In CA, it is not up to the NSA to review the POA nor is it up to the NSA to certify capacity of AIF. In fact, we are prohibited to certify capacity.

Once POA is approved, the AIF may sign all docs included in package, including Grant Deed.

TC will also instruct as to AIF signing format.

Reply by Darlin_AL on 9/14/13 11:01am
Msg #484667

But ATF not shown in cert? just signer name, right? n/m

Reply by Jack/AL on 9/14/13 11:16am
Msg #484668

Re: But ATF not shown in cert? just signer name, right?

Darlin, this might be different in other states, but here is an example of how the AIF signed several acknowledgements and jurats, in one set of docs, in Alabama, this week. Before the appointment, I sent an email to the TC for confirmation of the desired format. Let us pretend the owner/borrower is Justin Time, but he could not participate for some reason, so he signed a specific power of attorney long before this week's appointment, and thereby designated Betty Boop as his AIF. His name was pre-printed in docs by the TC. Betty signed above his name as "Justin Time, by Betty Boop, as his attorney-in-fact." I always get confirmation from the TC, for sometimes the particular TC might want it a little different. Roll Tide!

Reply by Jack/AL on 9/14/13 11:19am
Msg #484669

PS...My example above is typical of what I see in Alabama. n/m

Reply by Yoli/CA on 9/14/13 11:30am
Msg #484673

Re: But ATF not shown in cert? just signer name, right?

In CA, notary certificate shows name of whoever appears before NSA. Again, in CA, notary certificate does not include capacity.

Reply by jba/fl on 9/14/13 12:35pm
Msg #484685

She asked of certificate - since you are same state, I don't

want to overstep and give FL advice.

This is something you can ask the TC - the correct format for the above. For your certificate, you have to go by what AL says.

In FL - oh, wait - what good is that to be for you? I defer to the gentleman from AL

Reply by jba/fl on 9/14/13 12:37pm
Msg #484686

My post for Darlin-AL n/m

Reply by Laurie Manzanares on 9/14/13 12:23pm
Msg #484680

Re: Yes, just signers name in CA on Acknowledgment or Jurat

Only the person's name who appeared before you goes on your Acknowledgment or Jurat. Do NOT add AIF information to your Acknowledgment or Jurat. Hope this answers your question.

Reply by Laurie Manzanares on 9/14/13 12:30pm
Msg #484684

Yes, they can sign the Grant Deed in Ca. You will need to check with your hiring party how they would like Attorney-In-Fact written on the documents. Title or hiring party are the only ones that can answer that question for you.

Reply by NS35/CA on 9/14/13 1:10pm
Msg #484688

Thank you all!
I guess I was confused with "Proofs of Execution by Subscribing Witness" when a loan agent told me AIF cannot sign the Grant Deed in the refi package (and therefore he already had borrower signed the Grant Deed before a U.S. consul in Hong Kong and sent it back to him).

Reply by MW/VA on 9/15/13 7:55pm
Msg #484742

I had that exact same situation the other day, and

questioned the tc about it. The POA signed everything, and if it doesn't fly (record) it will be the tc's problem.