How Important Is the Notary in Real Estate Transactions?
Congratulations to you if you’ve finally found your dream home. However, in the midst of your excitement and joy, we would like to remind you that closing the deal to your dream house is not simple. It requires a lot of documentation and legalities before you can call it your home. To complete the transactions during the process, you will need the assistance of a real estate notary.
A real estate mortgage is deemed invalid if it is not witnessed and executed by a notary. A notary not only guides you through the process but also helps you tackle all financial and legal complexities of buying a new property and assists you when it comes to the real estate-related documentation. A notary holds immense importance in all real estate transactions.
1. Finalizing the Promise of Purchase
Before you can call any property your own, you need to sign a Promise of Purchase that binds you to the seller. Taking advice from a real estate notary will give you insights into legalities involved and help you get a better understanding of this very important document. The Promise of Purchase includes numerous terms and conditions, and you are only allowed to cancel or modify with the consent of another party. This is where you will again need the services of a real estate notary.
2. Title Search and Verifications
The Promise of Purchase is just the beginning of a long process. After the signing of the Promise of Purchase, the notary examines and verifies the title deeds that are associated with the property. These include declarations of co-ownership, property tax payments, insurance coverage, and mortgage and easements deeds from the previous owners of the house. This is done so that you don’t have to pay any outstanding dues (municipal taxes or school taxes). It also ensures that the property you’re purchasing doesn’t have any claims linked to it. The real estate notary will also verify if the property has been built on the right location (Certificate of Location).
It is only after these factors are verified that you can move on to the sale deed.
3. Drafting the Sale Deed
After all the verifications have been done, the real estate notary will draft a sale deed for you, which you will sign. You will be guided thoroughly in terms of finances and other aspects, like the rights and responsibilities of both parties involved.
4. Registration with the Registry Office
The final step in calling your dream house yours is the transfer of money. The real estate notary will take the money from the buyer and guarantee that all balance mortgage payments have been cleared. They will also get a release clearance for you. In short, the real estate notary will execute all monetary transactions for you, all the while ensuring that there is no loophole left that might disturb you in the future.
Summary
A real estate notary plays a vital role in the process of real estate buying/ selling that comes with a number of legal formalities. All this is not possible for a layperson to understand, which is where a notary steps in.