Posted by Bob-Chicago on May 13, 2008, 6:46 am, in reply to "Knowing another person's mind ..."
76.16.172.10
for these dox.
They are intended as a CYA for the title cand/or the lender related to problems related to the loan or title known to the signers, but not on the public record.
If it turns out that there were liens (easements, etc. ) and person #1 was aware
of them. then injured party (title co/lender) can come after #1 (and #2 also
if they knew that affidavit was false)
I will not comment on any possible criminal
consequenses for a false affidavit signed p;ursuant to a POA
--Previous Message--
: The issue is a common one. Most
: lenders, title companies, beginner
: processors and auditors, and MANY
: others never pick this up. So the
: "affidavit" works - unless
: there is a claim against the title
: insurance policy. It takes a common
: sense "legal" thought
: process:
:
: Person #2 holding a Power of Attorney
: from Person #1 can act and sign
: documents according to that Power of
: Attorney; HOWEVER,
:
: Person #2 has no "power" or
: "idea" exactly what is
: "true and accurate"
: according to the mind, memory and
: individual knowledge of Person #1,
: which is why Person #2 cannot sign for
: Person #1 using the PoA to make a
: "sworn statement as to the
: truthfulness and accuracy" of the
: statements contained within a
: Affidavit according to Person #1's
: knowledge.
:
: For example, what good is Uncle Joe,
: living in California, with POA for
: newphew Sam, mortgaging his residence
: in Maine that Uncle Joe has never been
: to, signing a title affidavit that Sam
: doesn't know of any easements on the
: property, unrecorded liens, any unpaid
: work within the past 90 days, any
: foreclosure proceedings being brought?
:
:
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