One of the most important documents when selling a property is the original deed of a property. Commonly known as “house deeds”. In the following guide, we will tell you everything about this important document and how to recover it if you have lost it.
When we talk about the original deed of a property, it is important to understand a key nuance that generates many doubts among owners: in reality, the original document is not in the possession of the owner, but in the notary where the sale was signed. What is commonly known as “house deeds” is an authorized copy with full legal validity.
This document is part of what is also called property deed or deed of the property, and it legally certifies who is the owner of the property. In the real estate market, especially in sales processes, inheritances, or mortgage financing, this document is essential to demonstrate the actual ownership of the asset.
Therefore, when someone asks what is a deed or what the deed of a house is like, they must understand that it is a notarial document subsequently registered in the Property Registry, which grants legal security and validity against third parties.
Original deed of the property: what is it?
The original deed of the property is a document in which the ownership of the property is indicated. That is, the name and details of the owner.
It is a very important paper when selling a property, and it is recommended to keep it stored at home but in a safe place, possibly in a safe or similar.
The original is in the notary’s possession!
The reality is that the original deed of the house is held by the notary. They are the owner of this authentic document. What is given to the buyer at the time of signing the sale is a kind of authorized copy provided by the notary.
In other words, it is a reproduction of the house deed with legal validity. This is done due to the importance of this document and how easy it can be lost or misplaced (we are human).
However, the notary does not hold this paper just because the average user might lose it, but it is done this way by law to prevent certain manipulations that can be made. This is regulated by law and constitutes one of the obligations of notaries.
What if I lose it? How do I recover it?
It is normal that with stress, moving, or the hustle and bustle of daily life, you might end up losing this document. But don’t worry, because it can be resolved.
You can recover it just by going to your notary and requesting a copy. For this, you must have legitimate interest.
At this point, it is enough to go to the notary where you signed the deed of sale of the property. You will need to tell them the protocol number and the date on which the purchase of the property was signed, so they can locate the deed more easily and make a duplicate. With the duplicate, you will be able to sell the apartment.
It may happen that by chance you also do not remember the date of the property sale. If this is your case, you should go to the Property Registry (you can also do this online on the website of the College of Registrars) and request a simple note in the Registry. There you will see it and you can obtain a duplicate of the original deed of a property without any problems.
Keep in mind that requesting a duplicate of the deeds has a cost, which depends on various aspects such as the number of pages or the age of the property. In any case, it is best to consult with your notary. Also, try to keep the copy in a safe place.
Did you know this curiosity? Do you have any questions? You can ask us as we are here to help you!
An important point that often causes confusion is the difference between a simple copy and an authorized copy of the property deed. The simple copy is informative and does not always serve for official procedures, while the authorized copy has full legal validity and is used in transactions such as the sale of the property or the establishment of a mortgage.
Another key aspect is that, if you need documentation for a real estate transaction, you can also request a simple note in the Property Registry. This document allows you to know who the current owner of the property is, if there are any liens, mortgages, or seizures, and it is very useful before buying or selling a property.
In practical terms, if you are wondering how to obtain the deed of your house or what to do if you cannot find the original deeds, the way is always the same: notary or Property Registry. Both organizations ensure that you can recover the documentation without losing ownership or the legal security of the property.
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