Legal Question in Real Estate Law in Michigan
I do closings for real estate. In recent months I have had lenders and mortgage companies require that people who are signing as attoney in fact for someone else ...sign the other persons name and then their own name as attoney in fact Example: If I was Sue Jones assigned attoney in fact ...I would be required to sign on the signature line "Sue Jones, by pam jones, attorney in fact. Up until now it was always a standard rule and I thought an important one....that underneath the signature line it would be typed "sue Jones by Pam Jone, Attorney in fact ...but on the signature line I would only sign my name as attorney in fact...example Pam Jones, attorney in fact.
I am finding a lot of people are uncomfortable signing someone elses name. As I am uncomfortable asking them to do so. Is their a proper way that this should be done?...Legally?....
Or am I just feeling uncomfortable about it sine it is not what I have been told all these years?
1 Answer from Attorneys
An attorney in fact is just that, a representative, not the person. When you have power of attorney for another party, you can sign YOUR name, and bind the person you are representing. Signing another person's name, with the intent to bind that person is forgery.
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