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Why Does It Take So Long At The Notary's Office

One of the strangest things that people find when they are buying a property in Valencia and Spain is that everything seems to go smoothly until it doesn't. And because of all of the background work we at Valencia Property do along with the lawyers we recommend, the currency companies we work with and any number of people we work with it always seems smooth... until we get to something we don't control, the final signing at the Notary's office.  Now, unless you have signed a power of attorney so your lawyer can sign for you, you have to be at the signing at the notary and sometimes this will take time. After reading the following list of reasons why it may take some time in the Notary's office to complete your signing, and even before when you go to the bank to collect your bank draft, you may even want to make sure you do sign a power of attorney but remember this doesn't always happen, these are just things that may happen so don't get too annoyed if you have to spend a few hours in the Spanish notary's office before signing for your property. 
Your Visit to the Notary's Office in Valencia Your Visit to the Notary's Office in Valencia
  1. The bank is looking for non resident bank drafts - You pay for your purchase with a bank draft drawn from your Spanish bank account. As a non resident in general there is a different draft than if you are a resident and banks don't have too many of those. They have to remember to ask for them, especially if you are using a notary and bank not in a major city centre. Sometimes they forget or can't find them. 
  2. The bank can’t find a printer that works - This happened just last week. The bank eventually found the non resident bank drafts, they had four luckily enough as we needed two. The printer then mangled the first two. 
  3. The notary is on a coffee break - We generally make an appointment for between 11am and 12pm at the notary. This is a delicate balancing operation. We don't want to be too early so we arrive late because of problems at the bank but equally we don't want to be too late so that any accumulated problems from the morning are backed up or signings that are overrunning already delay us more. More importantly notaries and their officials will most probably go for a coffee between 10 and 11!
  4. You haven’t got a copy of the account number of the account you sent the money from for the deposit - This is important. The deeds need to state where the funds came from (It's all about avoiding money laundering) Therefore make sure your lawyer gets a copy of the original deposit transfer, or transfers if there are more than one, with details of origin and destination accounts. 
  5. Or the date it was sent - And make sure to include the date the money was sent from the origin account. A lawyer spent half an hour last week asking for this information from two banks, the clients' Spanish and Dutch accounts.
  6. The foreign names have all been mangled by the notary’s official - Not a biggie this but when the draft copy of the deeds is brought in generally there will be a mistake in the foreign names or their home addresses. The draft needs to be corrected therefore. Many Notaries now don't print out the draft until the foreign client has checked these details on a screen to try and save a little bit of paper at least. 
  7. There is a discrepancy between the property registry and the catastro. - When buying a house as opposed to an apartment there is often a discrepancy between the property registry and catastro. Usually this is not a big problem but the notary needs to point it out. Oftentimes the discrepancy can be sorted in the new set of deeds and therefore changed down the line in the registry, as is the case of new builds such as extensions etc... Sometimes it's just different ways of measurement. 
  8. The property registry system is down and we cannot get the latest "Nota Simple". - On the morning of the signing the Notary Office connects to the Spanish property registry to get the latest Nota Simple, making sure there are no new charges or liens on the property so it is sold with clear title. A few months back we had a signing at our normal time of 11am. The registry website was down. It was 3pm before it came back online. In 99% of cases a previous Nota Simple would have sufficed as nothing had changed since the lawyer did the original searches but without the updated Nota we cannot be sure a charge hasn't been incurred in the previous few days so neither the lawyer for the buyer nor, more importantly, the Notary will allow a signing until the Nota Simple arrives. 
  9. The owners haven’t arrived yet because they are arguing downstairs about who should get the most money from the inheritance. - In cases of inheritance there are often arguments among family members. In some cases we have had family members who cannot stand each other sat in different rooms and the notary moves from room to room for the signings and delivery of bank drafts because they don't want a "Situation" to develop. 
  10. Or there are ten of them and it’s like herding cats. - And also in the case of an inheritance sometimes there are many members of the family who have to sign and they all have to be at the Notary's office at the same time on the same date and with all of their paperwork, we also have to have a different cheque for each one of them each in their own name. Our record is 23 sellers (12 inheritors and their respective spouses, one was single), along with two family lawyers, two bank representatives, me as a translator and representative of the agency, the notary, the notary's official and our two clients along with their own lawyer and his PA. We needed a big room and lots of patience. 
  11. The paperwork hasn’t been sent from the bank for the mortgage. - In theory the bank sends all the paperwork to the Notary's office when there is a mortgage or a cancellation of a current mortgage on behalf of the seller. Sometimes something is lacking. 
  12. The guy from the bank to sign off the payment of the mortgage hasn’t arrived yet. - Usually they are "on their way" ("En camino") from the bank. In practice this normally means they are in a coffee shop somewhere waiting for the desperate call of "Where are you?", because heaven forbid they should arrive on time for the signing, just like us they know any of the above or below situations can happen and they will be waiting around twiddling their thumbs for the longest time. 
Buying Your Valencia Property in the Notary's Office Buying Your Valencia Property in the Notary's Office
13. Nobody has spoken with the bank employee about them turning up with a power of attorney to sign off that mortgage. - Sometimes it is just assumed that the bank know that they need to be in the Notary's office at such a time to collect a bank draft and cancel the mortgage. The notary communicates it to the bank and the bank either confirms they will be there or asks the notary to deliver the draft to them, this depends on which bank it is. But whose job was it to communicate the time, date and where to the bank employee? It sometimes gets lost in the myriad of actors.
14. The power of attorney of your lawyer hasn’t been approved by the bank yet. - Some banks recognise that the lawyer has the power to act on behalf of their clients to sign documentation because a Power of Attorney is a fully binding legal document. We use general powers of attorney generally so the lawyer can do absolutely anything for the client. Some banks still require the POA to be delivered to their offices up to two weeks in advance of any signing so they can make sure it covers signing for the mortgage and any other paperwork the lawyer may need to sign on behalf of their client. Some banks realise that a general power of attorney includes everything! Some people in banks are jobsworths.
15. There are 17 other signings at the same time and we haven’t got a room yet. - You can book your time and date but at times you get there and it is a busy day and only three or four rooms available. Or maybe there is a signing for a whole building and maybe 40 apartments are signing off that day with the developer. If so. Make sure you have your Kindle...
16. The printer at the notary’s office has run out of ink. - You check everything, the names are right, the amounts are correct, all dates and everything required is attached to the deed and finally when ready to print out the official deed to sign the printer at the Notary's office decides to run out of ink and a mad dash for the Corte Inglés ensues to get a new cartridge for the laser printer (Ok once but it happened!)
17. We are waiting for the van to arrive at the bank with the required cash. - The purchase may include an amount in cash (Not "black money" just cash to be given to the sellers as they require it to pay their notary fees, divide between their children or whatever) Banks don't hold much money these days so it has to be ordered in advance for amounts over 5k. The lorries with the money don't do regular routes so they cannot be traced and robberies planned so they sometimes arrive later in the morning
18. The buyer has a new passport with a different number on it to that used on the deposit contract. - And the Notary makes a big deal of it even though they know perfectly well this happens with Brits and their passports. 
19Or there was a passport number used on the deposit contract and now the buyers have a NIE number and the owner thinks it’s a different person even though the name hasn’t changed.- And the fact that without a NIE number they cannot purchase and that they were told this would happen and the same person who looked at their house, made an offer and put a deposit down is sitting in front of them!! We put it down to nerves rather than stupidity! 
20. The owners haven’t brought any keys or fancy giving the keys next week some time. - Generally you swap the bank drafts for the keys to the house. Sometimes owners forget that bit as they are just interested in their part of receiving the money. Sometimes they bring one key or one set of keys and casually mention that seven other family members have sets too and they will get them in the next few weeks. We advise changing the locks when this happens! 
21. The owners won’t accept that the lawyer with the POA signs on behalf of their client as that suggests something fishy is going on. - Yep, me either... The lack of trust despite the fact they can see the bank draft, the notary is perfectly ok with the lawyer signing etc... is astounding. 
And these are not the only ones, these are those that came to mind from transactions in the past but there are others... etc etc etc until my death ?
What we are saying here is be patient. The signing at the Notary's office is the last step before you get your Valencia Property. It usually goes smoothly and takes around an hour. However if you have to sit around for a bit longer then don't worry, we have probably seen it all before, especially the verbal sparring between the relatives. Any questions or to tell us your experiences in Notary's office in Spain then contact us by mail.

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