# Storage of Deeds



## Wibs (Apr 1, 2015)

I was asked by my lawyer in Spain to come in and collect the deeds for my villa purchase in El Faro on the CdS. 

In the UK deeds are normally stored by a solicitor or building society in fire-proof storage for protection, so I asked my Spanish lawyer if they provided this service, but she said they didn't.

What have others on the forum done to solve the storage of these important documents?

Wibs


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## snikpoh (Nov 19, 2007)

Mine are simply in a folder in the filing cabinet.

I think it's much easier to get copies, if required, here in Spain (or am I fooling myself?).


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## Campesina (Dec 17, 2011)

The original escritura bearing the signatures of those concerned is retained in the notary's archive. The document you have is the first copy. 

Make a separate note of the protocol number, the date of signing and the name of the notary. If the escritura gets lost or stolen it will be easy to obtain a second or subsequent copy with these details.


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## Pesky Wesky (May 10, 2009)

Wibs said:


> I was asked by my lawyer in Spain to come in and collect the deeds for my villa purchase in El Faro on the CdS.
> 
> In the UK deeds are normally stored by a solicitor or building society in fire-proof storage for protection, so I asked my Spanish lawyer if they provided this service, but she said they didn't.
> 
> ...


As campesina says, you shouldn-t be in possession of the original document.


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## snikpoh (Nov 19, 2007)

Pesky Wesky said:


> As campesina says, you shouldn-t be in possession of the original document.


Really? So what version does the bank hold (when you have a mortgage)?

When you subsequently pay off the mortgage, then who gives you what version especially if you use a different notary?


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## Pesky Wesky (May 10, 2009)

snikpoh said:


> Really? So what version does the bank hold (when you have a mortgage)?
> 
> When you subsequently pay off the mortgage, then who gives you what version especially if you use a different notary?


It looks like I'm wrong. You get to keep the originals and the notary *has to* keep a copy of those originals according to this.
Copia Simple del Registro de la Propiedad Online
Sorry, I'm a bit busy and don't have time to look for more info now.
Our escrituras are in a metal filing cabinet along with passports etc so if they go everything goes...


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## Lynn R (Feb 21, 2014)

snikpoh said:


> Really? So what version does the bank hold (when you have a mortgage)?
> 
> When you subsequently pay off the mortgage, then who gives you what version especially if you use a different notary?


When you pay off the mortgage, you get a deed of cancellation of the mortgage (also notarised). It makes no difference to the escritura you receive when you purchase the property.


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## Campesina (Dec 17, 2011)

The property owner does NOT keep the originals. These are kept by the notary as I said. The owner is issued with the 'primera copia' and a number of 'copia simples'.

The first copy which is given to the owner does not show the signatures. It will state words to the effect of '_Están las firmas de los comparecientes' Signado (NAME OF NOTARY) Ruricado y sellado_'. It will show neither the signatures nor the stamps and seals.

If anyone doubts this just take a look at your own escritura.

More details here:

http://noticias.juridicas.com/base_datos/Privado/ln.t3.html


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## snikpoh (Nov 19, 2007)

Campesina said:


> The property owner does NOT keep the originals. These are kept by the notary as I said. The owner is issued with the 'primera copia' and a number of 'copia simples'.
> 
> The first copy which is given to the owner does not show the signatures. It will state words to the effect of '_Están las firmas de los comparecientes' Signado (NAME OF NOTARY) Ruricado y sellado_'. It will show neither the signatures nor the stamps and seals.
> 
> ...


... you might want to rethink this post!

I have just checked one of my escrituras and it DOES have the original stamps, seals and signatures. You can tell they are the original stamps (and not copies of them) by feeling them and simply by looking.

For the property where we have a mortgage, we were told that the original was held by the bank (NOT the notary) and we were given one copy plus one copia simple (only one of each and not multiples).


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## Campesina (Dec 17, 2011)

I don't need to rethink the post because I know it is correct.


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## Campesina (Dec 17, 2011)

Perhaps this will help:

Escrituras originales | El Blog del Notario

from which I quote:

_Los originales de las escrituras, que se llaman matrices, se quedan siempre en la notaría. Los interesados se llevan copias autorizadas. La copia autorizada es una reproducción exacta de lo que se ha firmado, pero sólo aparece la firma del notario_


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## Alcalaina (Aug 6, 2010)

Ours is stamped, signed etc but clearly says 'primera copia'. We keep it at home.


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## Lolito (Aug 25, 2012)

Los originales de las escrituras, que se llaman matrices, se quedan siempre en la notaría. Los interesados se llevan copias autorizadas. La copia autorizada es una reproducción exacta de lo que se ha firmado, pero sólo aparece la firma del notario.

The original copy is called 'matrix', they are kept a the notary. You should have the authorised copy, with all the real stamps (timbres). This copy is an exact reproduction of the original (matrix), but in this authorised copy, you will probably see the notary signature, and not yours and this will be in the matrix one.


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## gus-lopez (Jan 4, 2010)

Mines in the filing cabinet.


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## Campesina (Dec 17, 2011)

The definitive method of ascertaining whether you have the original or a copy would be to check the serial numbers of the pages upon which the original has been printed. The numbers are given towards the end of the escritura.

If these numbers correspond with the numbers shown on each page of the escritura in your possession you have somehow ended up with the original. If they do not you have a copy.

The law governing the granting of escrituras is a national one. It was published in the Boletin Oficial del Estado in 1862 and whilst its publication was during the reign of Isabel II it is still valid and has recently been updated. In the sixth paragraph of article 17 (1) it quite clearly states that the notary will retain the original in his archive:

https://www.boe.es/buscar/pdf/1862/BOE-A-1862-4073-consolidado.pdf

If anyone really does have the original this is quite clearly contrary to the provisions of this law.


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