A Mexican Public Notary is a lawyer and is appointed to his or her position by the governor of the specific state, after completing rigorous exams.
This is normally a lifetime appointment.
The purchaser generally chooses the Public Notary since the purchaser pays the closing cost fees.
The Notary has an obligation to be neutral to both purchasers and sellers, even though the purchaser generally pays the Notary`s fees.
The Notaries function is to draw up the title. This involves checking the title chain (history) of the property that is being acquired.
The Notary also makes sure that there are no outstanding liens or encumbrances and that the property is current in the payment of the corresponding property taxes and maintenance fees, if they apply.
The Notary will also make sure that all the official requirements; evaluations, tax appraisals, non-lien certificate and other documents, are in place prior to the signing of the title.
On the designated closing date, buyer, seller and bank Trustee must appear before the Notary to sign the deed, which will then be officially certified by the Public Notary.
Once the deed has been signed and certified by the Notary, it will be sent to the Public Registry’s office for its inscription.
Once the deed is registered, it is returned to the Notary’s office and the purchaser will be able to pick up the registered title.