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Power of Attorney Question

Posted on 3/20/15 at 8:38 am
Posted by Larry Gooseman
Houston
Member since Mar 2014
2655 posts
Posted on 3/20/15 at 8:38 am
Wife and I are refinancing our home. She will be in Brazil at time of close and will not be close to US embassy so bank said she needs to give me power of attorney (Texas).

Who has done this before? Do we need to do anything besides print the form out and have it notarized? I see two different ones that look like they could work, Durable or General POA.

Thank you, MB.
Posted by Motorboat
At the camp
Member since Oct 2007
22666 posts
Posted on 3/20/15 at 9:40 am to
why don't you talk to the refi company to see what they require?
Posted by tigerrocket
Member since Aug 2008
162 posts
Posted on 3/20/15 at 9:45 am to
When I did it the last time, the title company prepared the forms, and my wife came in and signed in advance.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29271 posts
Posted on 3/20/15 at 10:22 am to
quote:

Do we need to do anything besides print the form out and have it notarized? I see two different ones that look like they could work, Durable or General POA.


DO NOT DO THIS.

Never ceases to amaze me that people think printing docs of the internet will always work.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37027 posts
Posted on 3/20/15 at 10:22 am to
Ask the bank or the title company to prepare the exact form for her signature. If they want to charge you, pay it. You don't want to screw it up yourself!
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29271 posts
Posted on 3/20/15 at 10:22 am to
quote:

When I did it the last time, the title company prepared the forms, and my wife came in and signed in advance.


This
Posted by Y.A. Tittle
Member since Sep 2003
101302 posts
Posted on 3/20/15 at 10:29 am to
quote:

DO NOT DO THIS.

Never ceases to amaze me that people think printing docs of the internet will always work.



To be fair, the few times I've drawn up Powers of Attorney, this is basically all I did.

But, your point is well taken.
Posted by AbsolutTiger
New Orleans
Member since Sep 2006
4796 posts
Posted on 3/20/15 at 10:34 am to
The title company may not accept your internet form. You need to check with them.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
38726 posts
Posted on 3/20/15 at 11:25 am to
The worst part about a POA is signing for her and yourself at the closing.

Be prepared to write...

quote:

Larry Gooseman

Sandra Gooseman by Larry Gooseman as attorney in fact


A bazillion times.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35481 posts
Posted on 3/20/15 at 11:44 am to
You need a specific or limited power of attorney. It only grants power of attorney for the real estate transaction. The title company or closing attorney should be able to draw one up for you.
Posted by Larry Gooseman
Houston
Member since Mar 2014
2655 posts
Posted on 3/20/15 at 11:55 am to
quote:

quote:Larry Gooseman Sandra Gooseman by Larry Gooseman as attorney in fact A bazillion times.


My hand hurts thinking about that.
Posted by slaphappy
Kansas City
Member since Nov 2005
2340 posts
Posted on 3/20/15 at 12:49 pm to
Just go to a notary public and have it drawn up. Limited POA....I did this with my siblings to sell our parents' home. Much cheaper than an attorney, and they know what they are doing.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89481 posts
Posted on 3/20/15 at 1:00 pm to
quote:

My hand hurts thinking about that.


You can get a stamp made "by Larry Gooseman as attorney in fact" and just sign your name twice.

You'll have to decide if the cash is worth it.

Or, even better, tell the title company to print the forms out that way.

(That's completely free advice, by the way).

This post was edited on 3/20/15 at 1:01 pm
Posted by AbsolutTiger
New Orleans
Member since Sep 2006
4796 posts
Posted on 3/20/15 at 1:03 pm to
quote:

Just go to a notary public and have it drawn up. Limited POA....I did this with my siblings to sell our parents' home. Much cheaper than an attorney, and they know what they are doing.


they'll tell you they know what they're doing....
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65533 posts
Posted on 3/20/15 at 2:05 pm to
quote:

Larry Gooseman

Sandra Gooseman by Larry Gooseman as attorney in fact


This^ eleventy billion times.

Plus, pics of wife, preferably in Brazil.
Posted by NEWBIE
Member since Jun 2008
196 posts
Posted on 3/20/15 at 3:39 pm to
quote:

Be prepared to write...

quote:
Larry Gooseman

Sandra Gooseman by Larry Gooseman as attorney in fact


A bazillion times.


Or the title company can notify the mortgage company there will be a POA; in which case the mortgage docs will show Sandra Gooseman, by Larry Gooseman as agent and attorney-in-fact under the signature line. Then you will only need to sign your name, not the AIF portion.
This post was edited on 3/20/15 at 3:40 pm
Posted by 3HourTour
A whiskey barrel
Member since Mar 2006
21223 posts
Posted on 3/20/15 at 4:22 pm to
Consult your title attorney
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41158 posts
Posted on 3/20/15 at 4:38 pm to
quote:

When I did it the last time, the title company prepared the forms, and my wife came in and signed in advance.


same here, it took less than 2 minutes, she read it and signed it
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29271 posts
Posted on 3/25/15 at 11:06 am to
quote:

Or the title company can notify the mortgage company there will be a POA; in which case the mortgage docs will show Sandra Gooseman, by Larry Gooseman as agent and attorney-in-fact under the signature line. Then you will only need to sign your name, not the AIF portion.



Not necessarily. Although that is perfectly legal, most of the mortgage companies now require that the agent sign all that script on every signature. It is stupid, time consuming and irrational, but it is what has to be done.
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