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#1088315 - 11/26/08 03:09 PM POA
rwr12179 Offline
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Joined: Oct 2004
Posts: 256
How would I list the signature line exactly if someone has POA for someone else? My fist signature line would be the customer, Managing Member and then he has the POA to sign on behalf of the other member.

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Lending Compliance
#1088344 - 11/26/08 03:31 PM Re: POA rwr12179
Truffle Royale Offline

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For John Smith signing for Mary Smith, we use the following:

Mary Smith by John Smith, POA

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#1088360 - 11/26/08 03:41 PM Re: POA Truffle Royale
rwr12179 Offline
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Joined: Oct 2004
Posts: 256
thanks for the help

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#1088390 - 11/26/08 03:59 PM Re: POA rwr12179
Skittles Offline
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TN
I'm a little confused. Is your borrower an LLC? If so, make sure your POA covers this, too.
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#1088418 - 11/26/08 04:14 PM Re: POA Skittles
Ray_ Offline
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Dallas, TX
Make sure it shouldn't be styled as "attorney in fact."

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#1088695 - 11/26/08 08:10 PM Re: POA Ray_
John Burnett Offline
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John Burnett
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Cape Cod
That's right. A person signing under authority of a POA can do so
as

Mary Jones, by John Jones, Attorney in fact

Mary Jones, by John Jones, under POA

John is not a power of attorney. John is an attorney in fact or agent.
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#1088751 - 11/26/08 09:10 PM Re: POA rwr12179
Mint Julep Offline
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Mint Julep
Joined: Oct 2007
Posts: 1,152
Tennessee
Originally Posted By: rwr12179
My fist signature line would be the customer, Managing Member and then he has the POA to sign on behalf of the other member.


Um, this may be illegal. Here, in the great state of Tennessee, someone signing in a fiduciary capacity cannot delegate that authority to another person. Depending on your state law, a Member may be considered a fiduciary capacity.

Check with an attorney. If that attorney shrugs it off, seems apathetic or ignorant, check with another attorney that wants to maintain a good reputation. I've had to beat up a couple of attorneys about this over the years. Especially title attorneys. They'll let anyone sign anything! crazy
Last edited by Mint Julep; 11/26/08 09:15 PM.
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