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#1871696 - 11/15/13 06:12 PM POA for joint intent
Combustible Offline
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Joined: Dec 2008
Posts: 1,268
Mr. signed all loan documents as a POA for Mrs, including joint intent. The internal auditor has asked for a copy of the POA to which the loan officer says there is nothing in Reg B that says you have to provide a copy of the POA. Just wondering if the envelope is being pushed too far in asking for a copy of the POA? If the LO doesn't have a copy of it, and doesn't want to ask the customer to bring in a copy after the fact, would it be prudent to write an exception on this kind of a scenario?

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Lending Compliance
#1871709 - 11/15/13 06:28 PM Re: POA for joint intent Combustible
hgliii Offline
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Joined: Mar 2012
Posts: 574
How do you know there was a POA in the first place? You are telling me a customer walked into bank and said he had a POA and signed documents obligating Mrs without any proof?

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#1871714 - 11/15/13 06:35 PM Re: POA for joint intent Combustible
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
I have to agree, without a copy how do you know a POA existed and that it covered real estate transactions?
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Kathleen O. Blanchard, CRCM "Kaybee"
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#1871789 - 11/15/13 08:04 PM Re: POA for joint intent Combustible
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
POA existed and that it covered real estate transactions?


In the state of IN if a POA is being used to execute documents that have to be recorded then the POA has to also be recorded so you better darn well have a copy of the POA.


would it be prudent to write an exception on this kind of a scenario?

Yep. Without a copy of the POA the loan officer and the bank have no idea if they have an enforceable contract. How do you know the POA hasn't been revoked? How do you know it's not a limited POA that only allows certain transactions?

Some loan officers just need to be taken out behind the proverbial woodshed!!
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1871793 - 11/15/13 08:10 PM Re: POA for joint intent Combustible
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
real estate transaction? Where did that come from - not the OP.

Other than that, I agree whole heartedly. The bank should have maintained a copy with the loan file.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1871814 - 11/15/13 08:44 PM Re: POA for joint intent Combustible
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
Because I imagined it? Let's say it has to cover borrowing!
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#1871827 - 11/15/13 09:07 PM Re: POA for joint intent Combustible
hgliii Offline
Platinum Poster
Joined: Mar 2012
Posts: 574
Sometimes we read what we want into a question and a more rational person jumps up and slaps us back to reality. Now I will read the post more carefully in the future.

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