COPY REQUIRED? Signing with a POA

Hello,
Has anyone had experience with POA signings? I would think a copy of the POA document would be required for something like this. However the signing company is not requesting it. Please tell me your experiences.

They most likely already have it.

@pkillebrew Good question! :sparkles:

I did a Search of the Notary Café database for you. There were myriad threads available, but there was nothing that appeared related to your question. It’s always helpful to identify within your query if you’ve already performed a Search of the database. Thank You!

In my direct experience:

  • If the signers already have the POA document, I always request that they make 1 or 2 extra copies. I will usually tell them that it’s a good idea to make copies, just in case an error is inadvertently made during the document execution process.

  • If you have a client who is providing the POA for signers and their instructions aren’t explicit - error on the side of caution, call your hiring party and request clarification in writing.

NOTE: Sometimes the signers will take an image of the executed document with their phone . . .

Best Wishes :swan:

I’m guessing you’re referring to loan signings via POA…and ARichter is right, they probably already have it. It is usually required prior to signing - POA has to be reviewed by underwriters and accepted by lender in order for the loan to move forward.

In my experience I’ve been asked to pick up the original to return with the signed package as, in these types of signings, the original POA is recorded with the security instrument/recordable docs. I would ask hiring party for clarification to make sure as they could well have overlooked this little detail. Further, if they say send a “copy” be sure they don’t want a certified copy as in some jurisdictions only an original or a certified copy can be recorded. Also, clarify how they are to sign and/or initial to avoid re-signs. Be sure to get your specific instructions in writing.

Hope this helps and Good Luck

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Ah! Yes. Concur with Linda.

I will add that normally within the Signing Order instructions there clearly is identified that a POA is a component of the signing. Also, nearly ALWAYS the title company requires (and this is also within the Signing Order instructions section of your order normally) that the original POA be returned within the overnight package, which they will review & then they’ll return the original POA to the BOs.

I always offer a Post-It note to the BOs to state they’re requesting a return of the original POA to them and to include their FULL address on the note. :white_check_mark:

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I’ve had some title companies that wanted a copy, and some that didn’t (maybe they already had it).

As for whether it’s required for the notary to see it, not in my state (Vermont). My state law says it is the signer who is acknowledging to the notary that they are authorized to sign as the attorney-in-fact of the principal. They notary is not certifying that the signer is an attorney-in-fact, only that the signer says he is an attorney-in-fact.

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Thank you for the information you provided. It is very helpful. I contacted the signing company and they already have the POA document for this loan signing and they also apologized for the lack of clarity of who is signing and how they should sign as POA. What is strange to me is… the signing company sent loan docs directly to the POA and not to me to review first. Also they did not provide the name of the POA – only the name of the person the POA is signing for. Im so glad I brought this inquiry to the forum. So Helpful :slight_smile: Thanks a bunch !!.

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Okay - another dose of my $.02 FWIW - if you have not seen the loan docs yet I’d make sure to bring a supply of blank acks and jurats in case the ones provided in the docs are not compliant with your state; and I hope, since you’ll be completing these certs at the table, you’ve garnered an appropriate fee for the time you’re going to have to spend with this.

Best of Luck

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Same here in Florida, Ashton.

@pkillebrew => Managed like a true professional! :sparkles:

:swan:

Always confirm with the company but most likely they already have the POA reviewed and approved. Now the signing part is another animal. Good luck.