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Posted by  PAW_Fl on 6/13/05 6:59pm
Thanks for bringing this question back in focus. The signing by POA is to be done as the POA identifies the attorney-in-fact, which typically is an individual. So, assuming that John Doe has attorney-in-fact authority for his mother, Jane Mom Doe, for both real property transactions and to act on behalf of her in her position as trustee to the trust. And both John Doe and Jane Mom Doe are trustees to the trust that hold title to the property.
If all the above is true, then John Doe would sign as "John Doe, Trustee" (or similar wording as directed by the lender and/or title company). Then John Doe, as attorney-in-fact for his mom, would sign as "Jane Mom Doe, Trustee, by John Doe, attorney-in-fact" (or similar wording as directed by the lender and/or title company).
For the most accurate answer, one should contact the lender or title company and get clear directions on how they want the documents signed. The above suggestion is simply based on my experience and is not to be construed as legal advice or guidance. |
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