Posted by Lisa T.
(LT2) on May 13, 2008, 3:10 pm, in reply to "Knowing another person's mind ..."
71.116.163.23
I would think the principle would instruct their AIF to sign docs they've seen and approved with the TC/lender, that way when the affidavits come up, the AIF is affirming to information that the principle has reviewed with them. 
--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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