Loan - Real Estate Industry
Common Documents that may require Legalization (Documents for International Use)
Affidavit of Title
An Affidavit of Title confirms that the seller holds clear title to the property being sold. It needs apostille-authentication for international recognition.
Articles of Incorporation/Organization:
These documents establish the existence of a corporation or LLC and may require authentication when involved in international real estate dealings.
Assignment of Mortgage
This document transfers a mortgage from one party to another and must be authenticated if used abroad.
Certificate of Good Standing:
This certificate verifies that an entity is authorized to do business within its jurisdiction and is often required in international real estate transactions.
Compliance Agreement
Requires authentication to ensure that all parties agree to comply with certain terms and conditions when used in foreign jurisdictions.
Corporate Resolution:
If a corporation is involved in buying or selling real estate, resolutions passed by its board authorizing such actions may need notarization followed by apostille-authentication.
Deed of Trust
A Deed of Trust involves transferring property title to a trustee as security for a loan. When used internationally, it requires apostille-authentication to ensure its validity.
Environmental Impact Assessments (EIA)
For large-scale real estate developments, EIAs might be required by foreign authorities and thus need proper authentication.
Financial Statements/Audit Reports
In some cases, financial statements or audit reports related to real estate investments might need notarization followed by apostille-authentication.
Grant Deed
This document transfers ownership of real property from one party to another and must be authenticated for international use.
Interspousal Transfer Grant Deed
Requires authentication for legal validation when transferring property between spouses if intended for international use.
Irrevocable Offer to Dedicate
Needs authentication as it involves a binding offer related to property dedication when used internationally.
Land Use Restriction
Often requires authentication, especially if it impacts property rights or usage terms in an international context.
Lease Agreement
While not always mandatory, lease agreements may require apostille-authentication depending on jurisdictional requirements or lender policies if they are intended for use abroad.
Loan Agreement
Similar to lease agreements, loan agreements may require authentication based on specific circumstances or lender requirements when used internationally.
Mineral Deed
Transfers mineral rights associated with a property and needs apostille-authentication for international transactions.
Mortgage Note (Promissory Note)
A Mortgage Note outlines the terms of repayment for a loan secured by real estate. When this document is used internationally, it requires authentication.
Power of Attorney (POA) Related to Real Estate Transactions
If someone grants POA to another individual to handle real estate transactions on their behalf, this document often requires notarization followed by apostille-authentication when used internationally.
Quitclaim Deed
A Quitclaim Deed transfers any interest the grantor has in the property without warranties. For international transactions, it needs apostille-authentication.
Reconveyance Deed
Requires authentication when a trustee reconveys title back to the borrower after loan repayment if intended for use abroad.
Satisfaction of Mortgage
A Satisfaction of Mortgage indicates that a mortgage has been fully paid off and satisfied, requiring authentication for use in foreign jurisdictions.
Special Warranty Deed
Provides limited warranties about title defects during the grantor’s ownership period only and must be authenticated for use abroad.
Subordination Agreement
This agreement alters lien priority among creditors on a piece of real estate and needs apostille-authentication when used internationally.
Tax Clearance Certificates
These certificates confirm that there is no outstanding tax liabilities associated with a property or entity involved in an international transaction.
Trustee Settlements
Generally, requires notary services and subsequent authentication for validating settlements made by trustees in an international context.
Disclaimer: Documents requiring Notarization may also require legalization (Apostille-Authentication) if they are to be used outside the United States. We are not licensed attorneys; we inform you for informational and educational purposes. If you seek legal advice, please contact a licensed attorney for legal advice.