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HelenH2 (Missouri)
Posts: 18
Posted:
Does anyone have template letter from Board of Directors that gives President ability to file and obtain notary public on lien and lien releases? I am in state of Missouri.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Helen and All

Is not a Notary Public simply a witness/verification that a specific person signed said document only?

Meaning it is not a justiification of the document nor that the person signing has any right/authority but simply a witness/verification that says the document was signed by said person.

The signature verified could be for their own death warrant.....LOL

HelenH2 (Missouri)
Posts: 18
Posted:
I obtain notary public support from our banks and have for years without proof except Secretary of State web site that I am President. One of our banks, no longer does real estate notary service and now the other bank is requiring the board certification that I am authorized to file liens and lien releases. Looking for form that someone may be using now for Missouri.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
How about a signature card from your bank? You had to identify yourself as president when you signed. Usually to file a lien a lawyer has to do it. So I don't see a need for a Notary Public signature at all. Liens are also filed through the court system and they should have the appropriate forms if you are able to file without an attorney. Each state differs in that requirement. So I would call up your courthouse and verify their process.

Former HOA President
LarryB13 (Arizona)
Posts: 4,099
Posted:
Helen,

I believe what you are looking for is a corporate resolution. Technically, every officer in every association should have a corporate resolution, which is nothing more than a statement from the board of directors setting forth the scope of his postion.

The purpose of the corporate resolution is to prove to the world that the party named has authority to perform or act on behalf of the corporation. It is normally signed by a majority of the board of directors and to make it really look genuine it ought to embossed with the corporation's seal. (Available from many different outlets on line.)

I formed a corporation several years ago and I had to provide one to the bank to open a checking account. In that case, I signed the resolution as the one and only director to appoint myself as the one and only officer of the corporation. Kinda silly but the bank wanted to cover its butt.

In your situation a corporate resolution may read something like this:

We, the undersigned directors of the XXX HOA, a [name of state] corporation, hereby appoint [name of party] to the office of President of said corporation. The powers and duties of said President shall be:

1. blah blah blah;
2. Execute and/or sign liens and lien releases for said corporation;
3. blah blah blah;
4. blah blah blah; and
5. blah blah blah.

This appointment shall expire on ____, 20__.

Approved and signed this ___ day of 2012 by the following members of the board of directors of the XXX HOA:

____________
[director 1]

____________
[director 2]

____________
[director 3]

____________
[director 4]

____________
[director 5]

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