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TGS1985
California
208 Posts |
 Posted - 10/23/2011 : 12:14:32 PM
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quote:
Originally posted by PenelopePitstop
These P.O.A signings are a bit time consuming already, we don't need the certificates to be incorrect too.
Probably will not be doing many P.O.A.s
PenelopePitstop
Not sure that's the right attitude to have. POAs aren't that hard once you get a few under your belt. All you really need to do is call the signing company and find out if a POA is acceptable, and if so..
1) Collect a copy of the POA.
2) Have the signer with POA sign as attorney-in-fact for the other.
3) Check to see if the certificate's wording is correct. If not, either cross out what's wrong and put in the correct verbiage or add a loose one with a sticky note to the mortgage company.
You're more than likely going to continue to come across signings with POAs and it would be a shame to give up any business for what really is only an additional 10 minutes of extra work if even that. Make yourself a check list like the one I provided and keep it in your briefcase until its second nature. I still carry an example of an attorney-in-fact signature as I still on occasion get it switched around.
- Tyler Soares - |
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CopperheadVA
Virginia
420 Posts |
Posted - 10/19/2011 : 04:33:08 AM
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| Unfortunately, you often don't know it's a POA signing until you receive the docs. I live in a military community, so although it's not a constant thing here, it does happen from time to time. One other thing, the TC usually wants you to pick up the original POA at the closing and send it back with the signed docs. It needs to be recorded with the DOT/Mortgage. |
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PenelopePitstop
Maryland
4 Posts |
Posted - 10/18/2011 : 9:52:17 PM
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Thanks loads to all of you. Your input is much appreciated.
There was not a lot of consistency in the notary certificates, so I had to make adjustments accordingly.
These P.O.A signings are a bit time consuming already, we don't need the certificates to be incorrect too.
Probably will not be doing many P.O.A.s
PenelopePitstop |
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edelske
New York
815 Posts |
Posted - 10/18/2011 : 8:28:44 PM
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I simply cross out (single line and initial (mine)) the name of the person who did not personally appear before me.
Thus I would strike "and john doe by julie doe her attorney in fact".
Julie can sign using her POA power in John's area, but the only human who "personally appeared" is Julie.
Been doing this on POA notarization's for 10 years; never an issue.
Can you give John an oath? Of course not, you can't give an oath "second hand" via a POA, therefore IMHO - John "by Julie" does not in any way qualify to be named in the notary section.
State rules vary and opinions vary; but without a human saying "yes" to my notary oath - they don't qualify (to me) as a notarized name.
It's not relevant in this case - but often the Title/Escrow/Bank is looking to the notary to "bypass" name problems. Usually these are caused by the signer using variations of name on a casual basis. I copy (or correct) the notarization name to match the ID - exactly. If there are "name" issues; that is for the signer to resolve; often with a court processed change of name.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 10/18/2011 8:42:24 PM |
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CopperheadVA
Virginia
420 Posts |
Posted - 10/18/2011 : 2:15:27 PM
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When I get these, I cross out the pre-printed AIF portion and change it to "Julie Doe as Attorney-in-Fact on behalf of John Doe." (then initial the change). I leave the first Julie Doe alone, so the whole thing reads:
".... by Julie Doe and by Julie Doe as Attorney-in-Fact on behalf of John Doe."
But that's just me. I have a notary friend who thinks the pre-printed wording you gave an example of is just fine. But for me, I don't want any possible misperception that John Doe appeared before me.
I agree with Linda that it's best to conform as much as possible to the sample given in your state notary manual. |
Edited by - CopperheadVA on 10/18/2011 2:17:43 PM |
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LindaH
Florida
1754 Posts |
Posted - 10/18/2011 : 1:10:59 PM
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Sample for AIF ack on Page 16 of your handbook:
"State of Maryland
County of ________ (or City of Baltimore) [place where acknowledgment is taken]
On this _______ day of [month], 20___, before me the undersigned officer, personally appeared [name(s) of person(s) who made acknowledgment], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed as attorney(s)-in-fact for [name of person(s) for whom the attorney is appearing], and acknowledged that he/she/they executed the same as the act of his/her/their principal for the purposes therein contained.
In witness thereof I hereunto set my hand and official seal.
[Signature of notary public]
[Notary Seal] [Name of notary public typewritten or printed]
Notary Public
My Commission expires_________________"
http://www.sos.state.md.us/Notary/NotaryManual.pdf
I would conform the preprinted ack to match as closely as possible the one in your manual. IF not enough room I'd attach an loose ack.
JMO
Linda
http://www.notary.net/websites/LindaHubbell
http://www.columbiacountynotary.webs.com |
Edited by - LindaH on 10/18/2011 1:13:39 PM |
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PenelopePitstop
Maryland
4 Posts |
Posted - 10/18/2011 : 12:52:28 PM
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First P.O.A. signing, getting conflicting info from NNA and other sources.
Wife signing and has the power of attorney to sign for husband.
the pre printed notary certificate reads: personally appeared julie doe and john doe by julie doe her attorney in fact.
Can I notarize this certificate as is. Told yes and no by sources. Husband is oversease--but wife has a notarized power of attorney.
This is not a jurat or sworn statement. I know I couldn't if it was. Please let me know.
PenelopePitstop |
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