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Can anyone please advise me what happens to the deeds following completion of your purchase?
Our solicitor completed on our behalf under a Power of Attorney & it has just occurred to me that I should perhaps be asking this question.
We have amortgage with a Spanish Bank so would they keep the deeds for the term of the mortgage or do they go to some central land registry type place or should I have them??
Any advice gratefully received.
Noreen
This message was last edited by nfm2862 on 1/30/2008.
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www.alandaluscarhire.com
www.vera-apartment.com
www.verathalassa.es
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Hmm, Noreen. In the UK the deeds stay with the mortgage bank but in Spain, who knows ? I'd have thought it was the same as the bank actually owns the property until paid 100% by you, surely ?
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I have emailed the solicitor but going on past form it will take 6 emails & probably as many weeks to get a response!
It also occurred to me that he hasn't ever sent me the original copies of our NIEs - I have asked for them.
I have also asked for the original POA back as well.
If anyone knows the answer then at least I will have my facts straight if I need to challenge his answer.
Noreen
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www.alandaluscarhire.com
www.vera-apartment.com
www.verathalassa.es
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The original of your deeds are in the office of the Notary. You can ask for a copy that has the same validity that the original.
I suggest that you should request a "Nota simple" at the Spanish Land Registry. You can do this by internet. With this certificate you could know the ownership of your apartment.
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Hi Noreen last time we was over we went and got our deeds from the solicitor we was using, but we changed to Glyn the lawyer and he told us that deeds are not as important as they are in England but we have given him the original and taken a copy, I do not know what happens if you have a mortgage, does the bank keep it like UK ? We do have our original N IE's we kept them on the day we got them, hope this helps. Pat
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We paid cash, no mortgage & notary released our escritura to our agent once all monies were paid & agent gave it to us.
On the other hand our wills (originals) are kept at the notary who witnessed our signatures.
This message was last edited by morerosado on 2/1/2008.
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Hi Noreen
We also have a mortgage and asked our bank about the deeds. They were locked in a safe in the bank and although I asked for a copy she gave me the full file, I just had to sign something to say I had them.
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HI Carolandrichard
The solicitors ears must have been burning!
I have just had a response & he says that the bank have them.
I will now check with the Bank just to make sure & also to see if I can get a copy.
Thanks again for all the replies.
Noreen
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www.alandaluscarhire.com
www.vera-apartment.com
www.verathalassa.es
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We have a bank mortgage on our Spanish property and the manager gave us our full, notarised Escritura as soon as it came through from the land registry. About 3 months after purchase.
Laury
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Laury
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Noreen:
Ask your solicitor for the deeds and check the property is duly registered under your name in the Lang Registry!
Maria
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hi Noreen, seems you are quite entitled to have the actual deeds not just a copy. Make sure you get it. 
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Dear nfm 262:
The original deeds which are signed at the Notary are kept at the Notary office, so you will always be able to ask for a copy of the same ( called " copia simple")
Once the purchase deed is signed, the Notary keeps the original Deed and he issues a first copy which is the one which is taken to the Land Registry so your ownership can be registered. The Land Registry takes around one month to register the ownership and then the first copy of the Purchase Deed can be returned to the buyer.
Normally, the First Copy is taken to the Land Registry by the lawyer, but if you sign a mortgage to finance the purchase, the Bank will arrange all the aspects regarding: paying of purchase deed, mortgage deed, purchase taxes ( VAT, Stamp Duty...), registration of mortgage and ownership at the Land Registry.... This is due to the fact that the Bank wants to control that the mortgage is duly registered under your name and as a charge of the property. Afterwards, the Bank must give you back the Purchase Deed.
As Maria de Castro said you can alway ask for a Nota Simple at the Land Registry to check that the property was duly registered under your name.
Paula Salamanca - Lawyer
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My apologizes for my English!
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Welcome Paula. Your help is invaluable.
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Dear Paula, colleague:
Welcome to the forum! You can enjoy this site a lot.
Where are you based?
Best regards,
Maria L. de Castro
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Dear Maria:
Thanks ! My office is based in Marbella, though we also have clients in rural areas in Granada and Malaga.
The law firm where I work is Costa del Sol Abogados.
Best Regards for everyone and I wish you all a Nice Day.
Paula
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