power of attorney: Power of Attorney acknowledgements - 04/30/09 03:12 PM
A notary signing agent asked a question on a message board this morning about Power of Attorney notarizations, and was chastised by several other notary signing agents for asking the question.
They felt that the notary signing agent should have been able to answer the question on his or her own. And they are right.
Notary laws vary from state to state. So there is no point in a notary from one state asking a notary in a different state how to do a notarization properly. It really depends on the notary's state laws.
Another problem with the question is that, … (0 comments)
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power of attorney: Refusal of notary service - 02/23/09 09:50 AM
I did something last week that I have never done as a notary public -- I refused to notarize for someone.
Refusing notary service is a serious matter. Notaries face the possibility of discrimination lawsuits for refusing to notarize if they don't have due cause.
But first, there is a difference between a notary refusing to notarize someone's signature, and turning someone down because the request for notarization was made when the notary was unavailable, or because the notary does not work on Sundays.
There is no law that says that notaries have to make themselves available 24 hours a day, … (12 comments)
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power of attorney: Military Officers as Notaries - 01/31/09 05:45 PM
I recently did a closing for a woman who was signing with a Power of Attorney. Her husband is in the military, stationed in Iraq. She told me that there was a bit of a delay in getting the Power of Attorney notarized because he had to take a helicopter trip to where there was a notary -- a flight that lasted a couple of hours.
I felt sorry for her. And I felt even more sorry for her husband who had to endure such an ordeal in order to get the Power of Attorney notarized.
I don't know the exact details of the … (1 comments)
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power of attorney: Can a person who is 'mentally incompetent' buy a home? - 01/14/09 11:50 AM
Well, it depends on what you mean by 'mentally incompetent', since there are many definitions and interpretations. And in the case of someone buying a home, or someone refinancing their mortgage, that interpretation just might come from someone whom you would least expect:
a notary
One of the responsibilities of a notary, in addition to identifying the person signing a document that needs to be notarized, is to establish whether that person is 'mentally competent' to sign the document.
For example, a sibling may want their mother who is in a nursing home to sign a Power of Attorney. The mother … (5 comments)
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power of attorney: Notarizing a Power of Attorney -- in Russian - 12/10/08 06:58 AM
I wish I knew Russian. It's a beautiful language. But I don't know Russian, which is why I turned down a request yesterday for notary service.
It wasn't so much because the document was in Russian. I have done a copy certification of a Russian document before. The reason I turned down the request was because the Russian document was a Power of Attorney.
A Power of Attorney -- in any language -- is a very powerful document. And the risks of abuse of this power is very high. This is why I am very cautious when notarizing … (0 comments)
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power of attorney: Pro Bono: Certified copy of Power of Attorney - 11/24/08 04:57 AM
Whenever a person is signing loan documents with a Power of Attorney, it is usually requested that the original Power of Attorney document be included with the loan package. For the closing I had last week there were no instructions from the title company regarding this, so I asked to be sure. I got the response I expected:
There is something else that I expect: the person who has to surrender their Power of Attorney document may want to have a copy of it -- a copy that is just as valid as the original. A certified copy.
It will … (0 comments)
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power of attorney: Exercising caution when notarizing at Assisted Living Communities - 11/12/08 12:56 PM
Notaries have to always be on guard when performing a notarization. But there are some precautions that must be taken when agreeing to perform a notarization for someone at an Assisted Living Community.
I got a call this morning from a woman who wanted me to notarize a Power of Attorney for her father who resides at an Assisted Living Community here in Colorado Springs. She called me because I provided mobile notary service for her in the past, which also involved her father.
Nevertheless, I screened the call as I would any request to notarize a Power of Attorney. … (1 comments)
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power of attorney: Power of Attorney has its limits - 10/27/08 12:21 PM
Q: If a soldier is stationed in another country, can his wife conduct real estate transactions, and sign his name to the documents in his absence?
A: Yes. If he has granted her Power of Attorney.
Power of Attorney is, as the name suggests, a powerful instrument. It can be used, or abused. If used properly it gives a person the authority to act on the behalf of someone else. Power of Attorney is not limited to real estate transactions. It can be used for many different reasons.
But there are limits to Power of Attorney
Power of Attorney gives a … (9 comments)
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power of attorney: Power of Attorney requiring more than 'just a notary' - 01/02/08 12:19 PM
If you can't get a document notarized at your own bank, where do you go?
That was the dilema of the man who called me this morning. He had a Warranty Deed that he had to sign. However, he was signing it for his father, using a Power of Attorney. He told me that he he couldn't find a notary who would do the notarization.
As I spoke with him on the phone and asked him about the document, it appeared to be a perfectly legitimate request. So I wrote down his address, grabbed my bag, and went to him.
When I arrived at … (1 comments)
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power of attorney: Correction Agreement - Limited Power of Attorney: just how 'limited' is it? - 12/21/07 04:49 PM
One of the documents that a borrower may be required to sign at closing is a Correction Agreement - Limited Power of Attorney. The heading of it will look something like this:
_____________________________________________
It's the kind of document that can evoke suspicion in any borrower. What kind of 'Power of Attorney' is this actually, and what is the lender going to do with this 'power'? And what kind of 'correction' will the lender be empowered to make?
What I try to do is put the borrower at ease by explaining what this agreement is used for. First of all, it is a 'limited' power … (2 comments)
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power of attorney: Power of Attorney closings: in the absence of instructions - 11/30/07 07:20 AM
One of the reasons that title companies prefer to use experienced notary signing agents is because, they need closers who are able to make decisions on their own -- people who don't need step by step instructions on what to do for each situation. As quiet as it is kept, the people at title companies are not perfect. They sometimes forget. They occasionally make mistakes. They get busy and omit things. It will be up to the notary signing agent to act on their behalf to ensure that the closing goes smoothly. One of those situations will be when the borrower is signing with … (4 comments)
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power of attorney: "Do you work on Sundays?" - 10/28/07 02:20 PM
"Yes, I do.", I replied, without hesitation.
I received a call this morning from a man who needed a notary to notarize a Power of Attorney for his mother who is in one of the hospitals here in Colorado Springs. He asked me if I am a mobile notary. I told him that I am. He asked me if I worked on Sundays. I told him that I do.
Being available 7 days a week is something that I take for granted. For the people who need a notary on the weekend, it sometimes comes as a surprise.
It shouldn't.
Life doesn't get put … (4 comments)
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power of attorney: Closing procedures for Power of Attorney - 06/11/07 05:53 PM
Being near so many military bases, and with so many of our troops being deployed abroad, I am getting more and more closings in which someone is signing as Power of Attorney. The person who has been given the authorization to sign for someone else is the 'attorney in fact'. The person on whose behalf they are signing the documents is the 'principal'.
Normally these pose no special problems. They just take a bit longer because of the manner in which the person has to sign the documents. Not only are they signing the person's name, there is specific wording that has … (4 comments)
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power of attorney: Be prepared for the unexpected: certified copies - 04/16/07 11:59 AM
What would you do if one of your valuable documents were lost, or destroyed?
I did a closing for a woman whose husband is in a nursing home. He granted her Power of Attorney. There was just one problem. The title company wanted the power of attorney document so that it could be recorded. The borrower was very upset about this, because it was the only document she had showing that she has power of attorney. And she uses it often.
Colorado notaries are permitted to certify copies of documents. So, with her permission, I made a copy of the power of attorney … (12 comments)
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