A Newbie at Title Co.
Most of our jobs are quite routine. Once in a while, thankfully not often; something crosses our path that is extraordinary. It could be very nice, or a mess; as you might have expected – I write about a mess. The docs are the docs, we are expected to make them work. However, there are limits to what, as notaries, we can process. Title has an agenda. It’s their objective to get the papers processed as quickly as possible. It has to be a mess of galactic proportions for them to either dump it, or redraw the docs. Notaries also have an agenda, and one item usually at the top of the list is to do the assignment legally. It’s not our job to enforce the law; merely to abide by it.
After accepting the “piggyback”, for a fair, but modest fee; I learn it’s to be via POA. OK, kinda, they take longer but that is our lot in life. I am told that some “special signing instructions” will be sent to me. I assume it’s their preferred POA phraseology. Some want “Mickey Mouse by Minnie Mouse, his attorney in fact”. Others reverse it: “Minnie Mouse as attorney in fact for Mickey Mouse”. I prefer the latter because the name to be sworn comes first. Both are not at all a factor in the notary section where *only* Minnie would be named. But, this assignment tried to, IMHO, not bend, but break the rules.
The instructions directed me to name the affiant and POA issuer, as sworn. Thus, before me appeared: “Minnie Mouse & Mickey Mouse via POA”. To me that was a new twist. It would appear that Minnie would be, based on the POA; taking my oath issued to Mickey! Just as we cannot delegate our notary status to someone else; oath taking cannot be via proxy. Sayeth title: “there are two signature lines on the notarized document, thus there needs to be two persons named in the notary section”. Admirable logic, a bit of arithmetic; 2=2; that’s hard to argue.
But, that would be an improper notarization. Only the person(s) who actually “appeared before me…” can be named. This set of docs had it both ways. Some had both names filled in the notary section; some had “via Power of Attorney”; and a few were for me to write in. When I called title, informing of the need for me to redact all entries other than “Minnie Mouse”; I received more bad news.
“Her legal first name is not “Minnie”, it’s “Min”. However she took title as Minnie, and an AKA form is not allowed – you just have to notarize her as Minnie””. Strike Two – this job was going downhill faster than the Cyclone at Coney Island. I call Ms. Mouse, to my surprise and delight her driver license had “Minnie”. She told me she used that name all her life; though Min was on her birth certificate. Words, Words; to me it’s what is on the driver license that counts.
During my chat with Ms. Mouse she also mentions that the papers need to be processed quickly. It seems that Mr. Mouse is deceased! Whoa, hold on partner – in every state when the agent knows of the principal’s demise – their authority ceases to exist. Title and Ms. Mouse want to proceed with a voided Power of Attorney! What is my position? My notarizations would make no mention to a Power of Attorney. In my Jurat “before me appeared Minnie Mouse” would be the only entry, and she does have valid ID in that name. I never did find out if title knew of the demise of Mr. Mouse.
I bail out. There had been too many heated exchanges with Title; my insistence on proper format soured them. She told me her legal name was Min, so some doubt. Worst of all would be to facilitate the use of a no longer valid Power of Attorney. Best to not be a party to the eventual litigation!
You might also like:
If you contact Title companies directly, what do they want?
11 best Title & Escrow Companies