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#1754986 - 11/05/12 03:29 PM acceptable POA signatures
Truffle Royale Offline

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Asking here in hopes of saving cost of call to attorney.

For mortgage loan to husband and wife, closing package documents are all typed with "John Smith by Mary Smith POA" on one line and "Mary Smith" on the other.
Wife signed "Mary Smith POA" on his line on the Note and just "Mary Smith" on the mortgage.
Is this still acceptable and legally binding or do we need to redo it?

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Lending Compliance
#1755022 - 11/05/12 04:07 PM Re: acceptable POA signatures Truffle Royale
Rocky P Offline
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Florida
It may matter by state.

From states I've been in, it would have been signed:
John Smith by Mary Smith, Attorney in Fact

She has a power of attorney, which makes her an Attorney in Fact.
(Then again, I'm not a lawyer)

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#1755057 - 11/05/12 05:00 PM Re: acceptable POA signatures Truffle Royale
Truffle Royale Offline

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POA and Attorney in Fact are interchangeable terms.
And I concur with the way you have them signed. That's what we normally get too.
:sigh: life was not meant to be easy...especially on a Monday. frown

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#1755061 - 11/05/12 05:03 PM Re: acceptable POA signatures Truffle Royale
swiggles Offline
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Here, the person to whom you grant a power of attorney is your attorney-in-fact and that is how documents should be prepared. There is no title called "power of attorney." So, check your state law.
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The more you sweat in training, the less you bleed in battle.......

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#1755089 - 11/05/12 06:25 PM Re: acceptable POA signatures Truffle Royale
Truffle Royale Offline

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Thanks, Swiggles, but what to call them is not the question here.
I need to know if the way Mrs. signed is acceptable or not.
Any one have a clue?

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#1755107 - 11/05/12 06:58 PM Re: acceptable POA signatures Truffle Royale
swiggles Offline
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Here, the signature line would state, Mary Smith, Attorney-In-Fact for John Smith. And Mrs. Smith would either sign just "Mary Smith" or "Mary Smith, Attorney-In-Fact."
Last edited by swiggles; 11/05/12 07:00 PM.
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The more you sweat in training, the less you bleed in battle.......

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#1755111 - 11/05/12 07:01 PM Re: acceptable POA signatures Truffle Royale
swiggles Offline
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As a P.S......I think as long as you have a binding Power of Attorney designation in file (preferably non-revocable), as long as Mary Smith signs....period, regardless of exactly how....all is legal and binding.

Again, this is a matter for your attorneys to advise upon.
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The more you sweat in training, the less you bleed in battle.......

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#1755127 - 11/05/12 07:26 PM Re: acceptable POA signatures Truffle Royale
Truffle Royale Offline

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cool. That's what I was thinking too. Just needed another brain to bounce it around with so thank you both for the feedback.

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