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Lost Escritura Replacement Copy

Lost Escritura Replacement Copy

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Old Aug 14th 2008, 9:46 am
  #1  
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Default Lost Escritura Replacement Copy

The bank seem to have lost our original Escritura (we only had a copy - as there is a mortgage on the property) and they are being most unhelpful. They say (but don't know why) they have sent it to a branch near our home... which actually is nowhere near!!!

This 'new' branch has no record of it and have never heard of us!!

Having protested loudly I think it may be easier to sort it myself or maybe get the solicitor to do it.

Has anybody had to do that and what's involved?
(Alicante Region) - The notary we used is in Torrevieja.
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Old Aug 14th 2008, 10:38 am
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Default Re: Lost Escritura Replacement Copy

Your original escritura (the one with the signatures on) is kept in the notary's archives.

Just go to the Notary with proof of your identity and the approximate date of signing and they will issue you with a 'second copy'. This has the same validity as the 'first copy' that most people think is the original.

Make sure that they know you wand a 'second copy' not a 'copia simple'.

The escritura for the mortgage is usually a separate document.
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Old Aug 14th 2008, 10:45 am
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Smile Re: Lost Escritura Replacement Copy

Originally Posted by GrapeEater
The bank seem to have lost our original Escritura (we only had a copy - as there is a mortgage on the property) and they are being most unhelpful. They say (but don't know why) they have sent it to a branch near our home... which actually is nowhere near!!!

This 'new' branch has no record of it and have never heard of us!!

Having protested loudly I think it may be easier to sort it myself or maybe get the solicitor to do it.

Has anybody had to do that and what's involved?
(Alicante Region) - The notary we used is in Torrevieja.
"Touche" exactly what has happened to us with Banco Andalucia and they don't seem in the least bit concerned. We have protested softly for now but intend to step up the volume soon. Although it is only the Escritura for the plot I understand that it is important for Plus Valia and CGT reasons down the line so we want it back. They have said that we can get an "official" copy from the land registry but have not mentioned cost or if they will pay but they surely will by the time I am finished. Someone else suggested making an appointment with the area director and if that does not produce the official document an entry in the complaints register and a denuncia will!
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Old Aug 14th 2008, 11:28 am
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Default Re: Lost Escritura Replacement Copy

Originally Posted by John & Kath
"Touche" exactly what has happened to us with Banco Andalucia and they don't seem in the least bit concerned. We have protested softly for now but intend to step up the volume soon. Although it is only the Escritura for the plot I understand that it is important for Plus Valia and CGT reasons down the line so we want it back. They have said that we can get an "official" copy from the land registry but have not mentioned cost or if they will pay but they surely will by the time I am finished. Someone else suggested making an appointment with the area director and if that does not produce the official document an entry in the complaints register and a denuncia will!
As far as I am aware the Land Registry don´t hold the Escritura - all you will get from the Land Registry is a copy of the register exactly the same as you would in England (having just applied for copies of entries for some clients!)
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Old Aug 14th 2008, 11:53 am
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Smile Re: Lost Escritura Replacement Copy

Originally Posted by SueG
As far as I am aware the Land Registry don´t hold the Escritura - all you will get from the Land Registry is a copy of the register exactly the same as you would in England (having just applied for copies of entries for some clients!)
Seems BA have got it wrong both you and Beech know better I will have to get along to the notary!
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Old Aug 14th 2008, 12:36 pm
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Default Re: Lost Escritura Replacement Copy

The property registry will supply a 'nota simple' but that's all. The original escritura is, as I said, held in the archives of the notary who granted it and who will, for a fee, produce another 'original' copy known as 'segunda copia'.

I know many people who have problems with Banco Atlantico/Sabadell/Solbank both currently and in the past and both in this respect and many others.
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