Buying or selling a property is one of the most significant financial milestones in your life. You likely have a team of professionals around you: a real estate agent to find the perfect listing, a mortgage broker to secure financing, and a real estate lawyer to handle the closing.
But there is often another key player whose role is critical yet frequently misunderstood: The Notary Public.
Here is a breakdown of the specific role a Notary Public plays in your real estate transaction and why you might need one before handing over the keys.
1. The "Out-of-Province" Transaction
This is one of the most common reasons clients visit NotaryServe. If you live in Ontario but are buying or selling property in another province (like a cottage in British Columbia or a condo in Alberta) or even another country (like a vacation home in Florida), you cannot simply sign the documents at your kitchen table.
The land title office in that other jurisdiction may require a "wet ink" signature witnessed by a Notary Public to ensure you are who you say you are.
- The Role: We verify your identity and witness your signature on the closing package sent by your out-of-town lawyer.
- The Benefit: You save the time and expense of flying across the country just to sign a few pieces of paper.
2. Mortgage "Gift Letters"
With rising housing costs, it is becoming increasingly common for first-time homebuyers to receive help with their down payment from family members. Lenders almost always require a Gift Letter (a formal document stating that the funds are a true gift and not a loan that must be repaid).
- The Role: Many lenders require this letter to be sworn or affirmed before a Notary Public to deter fraud. We administer the oath and stamp the letter, satisfying the bank's strict compliance rules.
3. Spousal Consent Forms
Under Ontario family law, a "matrimonial home" has special protections. Even if only one spouse is listed on the title, the other spouse must often consent to the sale or mortgage of the property.
- The Role: To ensure the non-titled spouse is signing willingly and not under duress, a Notary Public acts as an independent witness to the Spousal Consent form. This protects the rights of both parties and ensures the sale proceeds smoothly.
4. Affidavits of Identity or Marital Status
Sometimes, paperwork gets complicated. You might have a name that differs slightly across different ID cards (e.g., "Jon Smith" vs. "Jonathan Smith"), or there may be confusion regarding your marital status on a title deed.
- The Role: In these cases, your lawyer may draft an Affidavit—a sworn statement of fact. You must sign this in front of a Notary Public or Commissioner of Oaths, who will ask you to swear or affirm that the information is true.
5. Certified True Copies
During the mortgage approval process, your lender may ask for copies of important documents, such as a government-issued ID. However, they often will not accept a simple photocopy.
- The Role: A Notary Public compares the copy with the original document and certifies it as a “True Copy.” This allows you to keep your important original documents while satisfying the lender's requirements.
Why Choose NotaryServe®?
Real estate transactions run on tight deadlines. A missing seal or an incorrect signature can delay your closing, potentially costing you money or causing a breach of contract.
At NotaryServe®, we specialize in the details.
- Convenience: We offer walk-in services at our Ottawa location and flexible appointments.
- Expertise: We know exactly how to execute out-of-province and international documents to ensure they are accepted in the destination country.
Ready to Finalize Your Paperwork?
If your realtor, lawyer, or bank has handed you a document that needs "notarizing," don't wait until the last minute.
Contact NotaryServe® today or walk into our office to ensure your real estate documents are signed, sealed, and delivered correctly.
📍 Website: www.notaryserve.ca
📞 Phone: 613-558-5363
📧 Email: contact@notaryserve.ca
Disclaimer: The post is for informational purposes only and should not be interpreted as legal advice. Please consult a lawyer for personalized guidance.
