When it comes to real estate transactions, there are a lot of documents, to the extent that you might lose track of how many there are and what the names are of each one of those documents. And because there are so many of them, it is possible that you might misplace one of the real estate documents for your Cavite house and lot. Hence, if you are facing this problem, then this blog informs you of what important documents to be aware of when it comes to losing documents, and what to do in such cases of loss.
Important Documents to Take Note Of
When it comes to real estate transactions, there are many documents to submit and fill out in order to complete said transactions. In the event that your property documents are lost, listed below are documents whose loss is worth being aware of in case you lose your property documents for your Cavite house and lot.
Sale deed
Simply put, the sale deed is the explicit proof of your official legal ownership of a property. The sale deed states the transfer of ownership from the seller to the buyer regarding the property in question. It is considered the main document when it comes to confirming the transfer and sale of a property, and this document’s registration occurs when the property purchase transaction is finished.
Closing Disclosure
The closing disclosure is a document that lists all of the relevant costs that are pertinent to the closing of the real estate transaction between you and the seller. The document’s importance lies in the information it provides you regarding the costs during the real estate transaction process. The closing disclosure document is also important when it comes to filing taxes.
Furthermore, the closing disclosure is, generally, a document provided by mortgage lenders to borrowers dating 3 business days before the real estate transaction is settled, at least. The document states the type of loan that was given, the closing costs, loan terms, interest rate, and other information that is pertinent to mortgages.
Addenda, amendments, or riders
Addenda, amendments, or riders are documents that are purposed to alter or change your purchase contract’s terms or conditions. These are typically relevant when it comes to processes like home inspections or property appraisals, which is the process of professionally assessing the property’s value. Addenda, amendments, or riders are documents that are signed when any improvements or transactions related to the aforementioned processes occur. For example, when property repairs are conducted as a result of a house inspection, a repair addendum will be signed by the seller and buyer. If there are any issues are found with said repairs, then the addendum will be useful to you.
Home inspection report
The home inspection report is a document that details the observations of the home inspector upon inspecting the property in question in the real estate transaction. The document identifies areas in the property that are problematic, which typically come with pictures of said problematic areas. The document is a report that provides you with a list of areas in the property that will require repairs. The home inspection report generally shows the overall condition of your property.
Seller disclosures
Seller disclosures are documents that will be useful for holding the seller accountable for any issues in the property that was sold. Seller disclosures can be used as the basis for lawsuits against sellers. Seller disclosures are required by law, and their purpose is to disclose all the existing problems, from past to present, with the property being sold; The document also states that the seller is aware that such issues can affect the property’s value. Examples of issues that must be included in a seller disclosure are renovations applied without proper permits and pest infestations.
Purchase agreement
The purchase agreement is a document that states provisions that must be followed in order for the purchase of the property to be completed. Legal issues may happen in the event that the property purchaser or seller does not follow the purchase agreement. Furthermore, the purchase agreement document is the “legally binding contract” between the property seller and buyer. Specifics of the purchase agreement document include the closing date of the transaction and the purchase price of the property.
Title insurance policy
The title insurance policy is a document that serves to protect your official legal claim to your title or property. In cases wherein other parties try to claim your property, the title insurance policy document will be useful to you in counteracting such claims. In addition, there is a separate kind of title insurance policy when it comes to “lenders versus buyers.” In the creation of the title insurance policy document, an insurer will conduct a title search. A title search is the process of examining public records with the purpose of confirming the legal ownership of a property.
Buyer’s agent agreement
The buyer’s agent agreement is a document that states the particular services that your real estate agent agreed to give you. Specifically, it serves as an outline of your transactions with your agent, which also includes the person who pays for the real estate agent’s commission.
Details such as the terms for the agreement’s termination and the agreement’s length are also stated in the buyer’s agent agreement. In general, the buyer’s agent agreement is the official contract between the brokerage that the real estate agent is from, and you. The buyer’s agent agreement essentially states that the real estate agent is your representation in the transaction of purchasing a property.
Filing an Affidavit of Loss
A solution to the problem of figuring out what to do with misplaced documents is through filing an Affidavit of Loss. An Affidavit of Loss is the document that you will need to fill in order to get a certified duplicate copy of the the property documents that you misplaced and are unable to find.
All relevant information regarding the lost property documents will be stated in the Affidavit of Loss, such as the details of how the property documents were lost, the description of said lost documents, the serial number (if applicable), your birthdate, and full name.
An Affidavit of Loss once filled out, will need to be notarized by the public notary office. Typically, the public notary office will provide the template for the Affidavit of Loss. The cost for filing this document is around P350.
Upon filing the document, you will receive a duplicate copy of the documents that were lost. Through filing an Affidavit of Loss, you will be able to remedy the problem of the loss of the real estate property and transaction documents. Aim to file an Affidavit of Loss immediately after the loss of real estate documents in order to avoid inconveniences and more issues regarding your Cavite house and lot.
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