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

Smithtown, NY |

Do i sign her name or my name

Attorney Answers 3

  1. 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 action is to have legal representation in this matter.

  2. 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  3. 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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