Attorney in fact

Beginner's Questions
1

I have signing tomorrow morning. I printed docs and it looks like the wife is signing for husband as “attorney in fact “ does this mean she will be signing twice ?

Then when it comes to patriot act forms obviously if husband isn’t there I only fill out hers correct ?

Thanks !

2

Yes and Yes. she’ll sign for herself if she’s on the loan (or if your state requires non-borrowing spouses to sign some of the documents) - she’ll sign for him however lender/title want her to - John Doe by Jane Doe, his attorney in fact, or Jane Doe for John Doe as aif; check with hiring party on how they want her to sign that part.

And yes you’ll only complete and sign her Patriot Act Form.

1 Like
3

Thank you ! That was very helpful.

4

I concur with LindaH-FL above & I always request their response in WRITING for two reasons: Serves as proof of the instructions provided & as a reference guide. I print a copy and use it during the signing for the signer as a reference guide while they execute the documents. They are very appreciative. :angel:

Also, there are several other items I confirm with the hiring party:

  1. They’re cognizant of the Attorney-in-Fact [AIF] document. Sometimes the Borrowers [BOs] identify it will be utilized, but Title/Escrow is not aware. NOTE: It’s integral to a successful signing for Title/Escrow to be aware of the AIF.

  2. Request the format for having the initials executed on the documents. There are a variety of methods that could be utilized. Verify how they want them performed.

  3. Ask if the property is held in a Trust as this will affect how the documents are executed as well. I have often found that for AIF signings the property is held within a Trust.

1 Like