My wife is in federal prison i have power of attorney how do i sign legal documents for a mortgage loan modification?

Asked almost 2 years ago - Smithtown, NY

Do i sign her name or my name

Attorney answers (3)

  1. Richard J. Chertock

    Pro

    Contributor Level 18

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    Lawyers agree

    Answered . You aign the papers however the bank wants you to sign them. Are they aware that you are signing with a power of attorney? Typically, the bank wants to see the power of attorney for prior approval before the signing of the documents. Depending on when the power was executed (old form vs new form) you would normally sign her name followed by your name and the words "her attorney in fact" or "her agent". Check with the lender.

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  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . I recommend you sign your name as POA for your wife(print her name).
    I have seen many different answers to this question-I am sure various answers can be correct.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with Mr. Pippen. I too, have heard different answers, but I agree that the method he suggested makes the most sense to me. I do not think it is right to sign someone else's name. If it is clear, however, that you are doing so as their agent under the POA, then I guess that could be okay, as well.

    Since you are doing this for a specific purpose, there is nothing wrong with asking the mortgage lender what they would prefer you to do.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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