Legal assistance with notary issues


Questioner

My parents sold their house last month. They thought everything was arranged properly by the notary. Now last Friday they received a message from the Notary that there is still an amount outstanding from a 2nd mortgage. Before everything was described, my parents had to fill out forms, where they also neatly filled in this 2nd mortgage. The bill for the house also states that this 2nd mortgage has been paid. Now it appears that the Notary made a serious mistake and did not pay this 2nd mortgage. Now the notary is still claiming this amount, can and may this be done?

Lawyer

That is unreasonable. The notary must ensure that no old (or 2nd) mortgages are established on the property. If the notary overlooks this, this is at his own risk and expense and he is liable for the damage suffered by your parents. They can then also hold him liable in writing for this. The notary is usually insured for this. If they need help with this, they can contact me directly without obligation.

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