ESCRITURA.

Hi Maria,
Could you tell me what your offficial escritura for the title
to your property in spain looks like.?

I can tell you what mine always look like.
A4, couple of dozen pages, enclosed in a card cover printed with the name of the Notary, plus various official looking stamps, a sticker with my details on, and probably lots of pencilled scribblings all over it.
Hope this helps!

Exactly as Robert described it.
Best,
Maria

Hi Roberto and maria,
Yes this sounds like mine also, it also has photocopies
inside of both of our passport photos and of our
N.I.E.s.
THANKS TO YOU BOTH

Gypsy, what did you think you had if it wasn't your escritura ? 

(Ours is exactly as described too with an invoice showing various monies paid).

Hi More,
It was because of one of your blogs when YOU said you thought
you had the escritura and it turned out it was only your
notario simple (or something like that)

The Nota Simple, or short version, is just an abridged copy of the Escritura, but is perfectly acceptable for just about any purpose. You never really need the original for anything anyway, not even when you sell your property.

Hi More,
It was because of one of your blogs when YOU said you thought
you had the escritura and it turned out it was only your
notario simple (or something like that)

I don't recall saying that, Gypsy

It was probably in one of your almost 5000 posts! Surely you can remember everything in all of them?

I'd remember the truth, Rob.  I know my copia simple from my escritura proper.

Show me where I said that in my blog anyone & I'll hold my hands up. 



This message was last edited by morerosado on 7/22/2008.

Some clarification:

Nota simple: Is a Land Registry Information on the way your property has been finally registered there. The ultimate valid source official legal information on your ownership rights is in the Land Registry, not in the Notary offices. Registrar  are the final analysts and describers of your opwnership rights. What is not in the Land Registry is nowhere else ( in legal terms).

Copia simple: Is the " Escritura" actually, as the original copies of them ( what is called " copia matriz") is always kept in the Notary archives. So: if you have a bunch of Notary papers with the stamp " Copia Simple" on first page... you have got your deed. 

The main important think to check in your " Copia Simple" is the Registrar commentaries or classification of the ownership rights at the end of that, which will finally say to you what, how and how not you own your flat.

Important to have a check on that to avoid future problems.

Hi Maria, 
thanks for the information.
Hi More,
I found the part I was referring to, your blog dated 15th July 2008.
It says "It was March 06 when we realized we still had our
copia simple, we had never received our actual escritura".
That is what prompted me to ask on E.O.S. if what we had was
our escritura.!!!!!!!!!!!

Good advice Maria!

We bought our property (resale) in 2004. The garden 'merged' into the rambla and the boundaries of our land were not clear.  In 2006 we asked another abogado to
contact the land registry  to try to discover where our boundaries actually lay. We didn't ask the original abogado - we did not like/trust him (long story!!)

When we bought the villa we were lucky enough not to need a mortgage - but the vendors did have one. The reps from the bank were  at the notaries and the outstanding mortgage was paid directly to them. A few weeks later we received the escritura and to my simple Spanish - all seemed well. It states there is no money owed.
HOwevever - the new abogado contacted us with the following info. The Land Registry had it on record that mortgage was NOT paid off - it still had a mortgage owing of 
150,000 euros. Also my husband owned 1/2 of the property - the vendor still owned 1/2 of the property and I owned nothing!!!!

THe original abogado had not been fraudulent - just downright lazy and slapdash and had not completed all the necessary paperwork. Luckily we could trace all the relevant 
officials ,( but not the vendors)......but it still took us 15 months and 2,500 euros to sort it out.!  



This message was last edited by randolph on 7/23/2008.

Thanks Randolph.
Yes, it is extremely important to check the Registrar notes on your property to verify correctness and accuracy. That might avoid future, more complicated problems.

Ask your lawyer or any independent lawyer to verufy that escrupulosly for you for your piece of mind.

Hi Gypsy, I understand that you misinterpreted what I said now.

With so much going on we had just forgotten that our agent had omitted to forward our escritura proper & that all we had in our box file was our copia simple.

And Gypsy, thank you for reading my blog, I find writing it very therapuetic mainly. 

Hi More,
I knew it was something on the lines of your escitura,
anyway because of your post I am now happy that I do
have my escritua. I might also add that I LOVE READING
YOUR BLOGS.

Come on More, why not concede graciously? After all, as Maria says, the Copia Simple is your Escritura!

I am happy to concede that I made an error when I said that the Nota Simple was the short version of the Escritura. Of course, I meant the Copia Simple, but we all make mistakes sometimes - even dear Maria:

".......for your piece of mind". I think she means "peace of mind". But hey, we know what she means, and we love her anyway. (and of course, her English is far better than my Spanish will ever be)

I was reading through this Blog and Rob I have to say that I am so please you have made the comment about N Simple and Copia Simple - I was about to go to town on you but ......... foiled at the last fence!!! Damn and blast - have to go back to cigar and brandy on the deck!!

Oh shurrup Roberto.

Gypsy misunderstood what I said, I've no reason to concede anything.