In a real estate transaction, several documents are typically notarized to ensure their authenticity and legal enforceability. The most common ones include:

 

1. Deed of Conveyance

• Transfers ownership of the property from the seller to the buyer. Common types include:

• Warranty Deed: Guarantees clear title.

• Quitclaim Deed: Transfers ownership without warranty of title.

 

2. Deed of Trust or Mortgage

• Used to secure the loan on the property. This document allows the lender to foreclose if the borrower defaults.

 

3. Promissory Note

• Details the borrower’s promise to repay the loan, including terms, interest rates, and payment schedule.

 

4. Affidavits

• Include documents such as:

• Affidavit of Title: Confirms the seller has clear ownership and discloses any known title issues.

• Owner’s Affidavit: Asserts there are no undisclosed liens or claims on the property.

 

5. Loan Documents

• If the buyer is financing the purchase, lenders typically require notarization of:

• Loan Application

• Closing Disclosure

• Final Loan Agreement

 

6. Power of Attorney (POA)

• Occasionally used if a party cannot attend the closing and designates another person to sign on their behalf.

 

7. Bill of Sale

• Confirms the transfer of personal property included in the sale (e.g., appliances).

 

8. Subordination Agreements

• Required when another loan exists on the property to establish lien priority for the new loan.

 

9. Release of Liens

• Ensures any previous liens on the property have been satisfied and cleared.

 

10. Escrow Instructions

• Documents directing the escrow company on how to disburse funds and handle documents.

 

Notarization is critical for these documents to meet legal requirements, prevent fraud, and ensure proper recording with the county or state.