
In the complex world of real estate, understanding legal documents is essential to a smooth transaction. Two terms that can often cause confusion are the "deed of sale" and the "mortgage deed". As your trusted guide, Unicasa wants to shed light on these crucial differences so you can approach your buying process with confidence and knowledge.
1. The Escritura de Compraventa: The escritura de compraventa is the document that transfers ownership from the seller to the buyer. It is the legal act that confirms that the property now belongs to you. This document details crucial information such as the description of the property, the agreed purchase price and any special conditions. Your signature is a vital step in the closing of the transaction, marking the moment when the property passes from one owner to another.
2. The Mortgage Deed: On the other hand, the mortgage deed is linked to the financing. This document establishes the lender's interest in the property as security for the mortgage loan. By signing the mortgage deed, the borrower agrees to the terms of the loan and grants the lender the right to take possession of the property in the event of default.
3. Differences in Content: While both deeds are essential in a transaction, they differ in their content and purpose. The deed of sale focuses on the transfer of ownership, while the mortgage deed focuses on the terms and conditions of the loan. Both must be fully understood before signing, as they affect different aspects of the transaction.
4. Timing of Signing: The signing of the deed of sale generally occurs during closing, when all agreed conditions have been met. In contrast, the mortgage deed is signed when the loan is obtained, before or during the closing. Both documents are essential to the process, and their proper handling is critical to a successful transaction.
Given the complexity of these documents, the advice of legal and financial professionals is crucial. A real estate lawyer can review the deed of sale, while a mortgage advisor can guide you through the details of the mortgage deed. Their expertise is invaluable in ensuring that you are fully informed and protected.
We as estate agents, are here to simplify these legal processes and ensure that every aspect is handled with care. Our aim is to make you feel confident and empowered at every stage of the process. If you have questions about these documents or any other part of the purchasing process, we are here to provide the guidance you need. Your peace of mind is our priority!