Thread Topic: Notarizing Loan Docs for someone that has a POA
Topic Originator: Lindy Gomez
Post Date May 3, 2010 @ 10:27 PM |
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Lindy Gomez
1 Posts
(San Bernardino, CA)
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Hi, my name is Lindy and i've been notarizing loan documents for the past 8 months. However, i've never had to notarize for someone who has a Power of Attorney. My question is, does the power of attorney sign every single document for the borrower? and how do i fill out documents such as the deed of trust and the signature/name affidavit. Please help! Thank you.
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Paul Williamson
103 Posts
(Inverness, FL)
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Typically, the attorney-in-fact (the one who has received the 'power') signs every place that the principal (the one who gave the 'power' and is the person that is suppose to sign the documents). The way they sign is really up to the lender and/or title company, but is usually like: "Jack Smith as attorney in fact for William Jones" and would initial those docs that require initialing like: "JS AIF WJ". But again, how they sign is up to the document recipient or originator.
As for your notary certificates, since CA does not allow for represented capacity, only the person who is physically signing the documents would be mentioned in the notary certificate. For example, in an acknowledgment, it would read, in part: "personally appeared Jack Smith who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument." Note that the acknowledgment certificate includes the necessary verbage to infer the capacity of the signer, that is, that the signer is acting on behalf of another and is authorized to do so.
Also, it must be noted that an Attorney-in-Fact cannot take the oath for the principal. Therefore, for documents which require an oath to be administered, you can only administer the oath to the person physically present and they can only sign for themselves.
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Heidi Hager
1 Posts
(Slidell, LA)
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I agree with the above.
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