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Understanding the Role of a Notary in Property Title Verification

August 22, 2023

When you're considering purchasing real estate, whether it's a house, land, or an apartment, one crucial aspect of the transaction is the verification of the property title. This is an essential step to ensure that you become the legitimate owner of the property and avoid legal issues in the future. The notary plays a pivotal role in this process.

What is a Property Title?

A property title is a legal document that confirms ownership of a real estate asset. It states the owner's name, provides a detailed description of the property, and discloses any encumbrances or restrictions on the property, such as mortgages or easements.

What is the role of a notary in title verification?

A notary is a legal professional whose primary responsibility is to ensure that real estate transactions are legal, fair, and accurate. Here's how a notary is involved in title verification:

Title Examination: The notary examines the property title to verify that the “seller” is indeed the legal owner of the property. They also check whether the property is involved in any land disputes or other legal issues.

Title Search: The notary performs a title search to review the property’s history. This helps identify any prior property transfers, standard or legal mortgages, and judgments that might affect the title.

Resolving Title Issues: If the title search reveals issues, such as an outstanding mortgage or a judgment against the current owner, the notary works to resolve these issues before the transaction between the seller and the prospective buyer.

Preparing Property Transfer Documents: Once the notary has confirmed that the title is clear, they prepare the necessary documents for transferring the property.

Closing the Transaction: The notary oversees the closing of the transaction, including the transfer of funds from the buyer to the seller, pays all transaction-related fees, and records the new property title.

The notary’s role in title verification is essential for protecting the rights of the buyer and lender, ensuring a smooth real estate transaction. It’s a complex process that requires legal expertise, which is why it’s advisable to involve a notary when purchasing real estate.

With the Cooperative of Notaries in Quebec, your notary can work with you online, making the property title verification process easier, faster, and more affordable. You can reach us at info@coopnq.org. and find more information on our website. Our member notaries will be pleased to guide you through your real estate transaction.