| Investor's A-Z |
1. Apostille Stamp The ‘Apostille', which is a French term for ‘certification', is issued by a designated government official of the country that issued the document to authenticated. The sole function of the apostille is to certify the authenticity of the signature on the document and the identity of any stamp or seal affixed to the document. The ‘apostille stamp' basically internationalizes a document such as a Power of Attorney allowing it to be used officially by the holder in a foreign country. 2. Public Notary In Ireland and the UK Public Notaries do not play such an important role in the transfer of property ownership as they do on the continent. The concept of a notary stems from the days when apart from the clergy, nobility and a select few no-one could read or write. It was then deemed necessary for an independent party who could read and write to make a ‘note' of any transaction or witness the signing of important documents or contracts. This gave rise to the occupation of ‘Public Notary'. In many European countries such as Poland, Notaries still play a very important role in the witnessing of property ownership transfer and the signing of contracts and agreements. A document, which is to be signed by a Public Notary in Ireland or the UK cannot be signed by a Solicitor, Commissioner for Oaths or Lawyer. Only in the case of them having separate title of ‘Notary Public' can they sign this document. 3. Land & Mortgage Register In Poland, every single piece of real estate whether it be a site, building, apartment, house or castle has it's own ‘book' which is kept in the Land & Mortgage registry court. What this means is that the history of that property from as far back is as possible is recorded in this ‘book'. All changes of ownership, dates when property changed hands, the Public Notary which witnessed the sale and all other relevant details are recorded in the register. Quite important also, is the fact that any mortgage, loan or encumberment is also noted in this register and it is usually the bank which has provided the mortgage that takes on the responsibility of registering the loan in the land & mortgage court. One will find that from the moment the bank release the first instalment of a mortgage ‘Bridging Insurance' is added to the monthly repayments. This insurance will continue to be paid on a monthly basis until the full amount of the mortgage has been paid out by the bank and the property has been registered in the new owners name and subsequently the mortgage taken out by the new owner to purchase the property has then to be registered in the property's ‘book'. Then the bank have secured their loan using the entry into the Land & Mortgage register as collateral. The bridging insurance will then stop being charged. 4. Weksel The simplest way to describe a Weksel is to call it an official, conditional ‘IOU'. The practice was originally conceived by the merchants and bankers of Northern Italy in the 12th and 13th centuries. Since then it has stayed in use throughout Europe. In Poland a Weksel is often used to back up penalty clauses of contracts which have financial implications. It is in fact similar to a blank cheque to a certain value which is signed by the party against who it is being used as security. Investors in Poland will come across a Weksel when signing a mortgage with a bank. Banks use Weksels as collateral. Even though the banks have registered the mortgage in a property's Land & Mortgage register as security they will still require the Weksel to be signed by the lender and it is then stamped by clerks in the local council offices and becomes an official document. The Weksel becomes invalid immediately after the final mortgage repayment has been made. 5. Mokotów Mokotów is the name a district of Warsaw many investors will come across while doing research on where to buy in Warsaw. This district is on the west side of the Vistula river which divides the city of Warsaw. It covers a large area and is one of the most sought after districts to live in among Poles and ex-patriots living in Warsaw. Due to it's popularity properties in Mokotów generally command the highest prices outside the city centre. It is well serviced by the public transport system and one can travel to and through Mokotów using either trams, buses or the metro. Many embassies and consuls are also to be found along the leafy, mature streets which make up Old Mokotów. Directly south of the city centre, it's proximity to the business and shopping centres of Warsaw ensure it will remain in the top residential 3 districts for foreseeable future. This is a very elegant mature district which lies directly north of the city centre on the west bank of the Vistula river. It is sometimes called Officer's Żoliborz due to the fact that between the wars many officers of the Polish army occupied quarters in this area and after the German invasion of 1939 many German officers subsequently took up residence here. Full of small streets and squares, with many parks and trees, Żoliborz is a very popular place to live. It is very accessible as it boasts many bus-lines, tram-lines and now two of Warsaw's newest metro stations. 7. Śródmieście This is the city centre or downtown. else in the city. 8. Wola 9. Ochota 10. Saska Kępa 11. Wilanów Wilanów is a beautiful district south of the centre. The royal summer palace was built in Wilanów in the late 1600's by King Sobieski and he called it ‘Willa Nova' which is where we get the name Wilanów today. This is a residential suburb of Warsaw on the western side of the river Vistula. In terms of the number of new apartments that are to be handed over in the next 18 months in Warsaw, Bemowo would rank quite highly on any list of where these residential units are located. Very popular among Polish professionals due to it's good transport links to the centre and amenities in the immediate area. It is regarded as a safe area to live in and is growing in popularity all the time. Warsaw's new metro line which will run from east to west will pass through Bemowo. This will not happen till at least 2012 but expect this to have a major effect on the attractiveness of property in this area. Bielany lies in the north of Warsaw on the western bank of the river. Many eyes are on Bielany at the moment as there are many plots of land which have yet to be built up and prices are still reasonable in comparison to other districts in Warsaw. The most exciting development in Bielany over the next 2 years is surely the arrival of the metro line. This is under construction at the moment and is set to be completed at the end of 2008. This will ensure that Bielany moves up the list of most attractive districts in Warsaw. 14. Praga This district is located at the southern end of the current metro line which runs from north to south in Warsaw. It is directly south of Mokotow. This district has a very good reputation and many local Polish professionals and white collar workers reside in Ursynow. It has it's own shopping centres, cinema complex and most attractive of all it is right on the doorstep of a large forest park complex which is full every weekend with the inhabitants of Ursynow on their bikes, walking, playing or simply having a picnic in the forest. 16. Bridging Insurance Bridging insurance is a form of security used by banks in real estate transactions. In Poland when one purchases a new apartment it takes a couple of months for the new owners to be registered in the land and mortgage register for that particular apartment. Only after the new owner has been entered into the land and mortgage register can the bank write the mortgage into the registry against that property. Until this happens that bank cannot use the property as security against the amount lent to the purchaser even though they have already paid out the full amount of the mortgage. In order to reduce the risk in a situation like this the bank require that the client take out bridging insurance. This insurance covers the period from when the bank has paid out the mortgage to the time that mortgage has been secured against the property in the land and mortgage registry, hence the term ‘bridging' insurance. The premiums are calculated as a percentage of the mortgage value and are payable on a monthly basis until the mortgage has been registered. 17. Reservation Contract This type of contract is generally used by developers to allow the purchaser to hold a property for a period of 2/3 weeks prior to signing a preliminary agreement. This period is sometimes necessary for the preparation of certain documentation in order to sign the preliminary contract. This type of contract is usually in civil form and rarely in Notarial form. Often a developer will require a small payment of up to 1000 Euro as a deposit to accompany this contract. Another reason this type of contract is used by developers is when the developer has not yet received a building permit for a particular development. According to Polish law, developers are not allowed sign preliminary agreements for developments which don't have valid building permits, therefore a reservation contract allows them to begin taking reservations long before the building permit has been granted. 18. Preliminary agreement Most often preliminary agreements are encountered when purchasing apartments off-plan. Some developers require them to be signed in Notarial form but very often they are signed in standard civil contract format. A purchaser has every right according to Polish law to demand that the contract is signed in Notarial form which is basically a stronger type of contract. This type of contract secures the exclusive rights to purchase a particular property when the ownership is ready to be transferred from the developer to the purchaser, i.e. when the building has been constructed. It is on the basis of this contract that all payments are made to the development company. If an investor is availing of bank financing to purchase a property then the bank will require a copy of the preliminary agreement as part of the mortgage application. This is also true when purchasing second hand or existing property by way of bank financing. Rather than sign a final contract to transfer the ownership one must first sign a preliminary contract which secures the investor's rights to purchase the apartment and at the same time allows the bank time to process the mortgage application This generally takes about 4 weeks. In all cases a payment of up to 20% is standard when signing a preliminary contract. 10% is perceived as the norm when purchasing second hand property. 19. Final sales contracts In all cases where a piece of real estate changes ownership the final sales contract is signed in Notarial form. It is only after the signing of such a contract that the property can be registered in the name of the purchaser. The final sales contract in Notarial form represents the deeds of the property in Poland. When purchasing a second property it is possible to avoid signing a preliminary contract and go directly to signing the final sales agreement if financing is already in place and one does not intend to use bank financing to purchase the property. |
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