11000 English Speaking Notaries around Macarata

Might seem s stupid question but why do you want an English speaking Notary?

Is it to avoid paying a translator?

My Italian is not very good, and I would like to be able to converse with them prior to flying over there.

The notary I used (based in Fermo) speaks some English but I don't know if they are reluctant to do so because of some legal reason but I only found this out a long time after I signed my deed as he has a house in my town.

Friends of mine set up a 3 way SKYPE call, with the third party being a translator, when they want to speak to their lawyer. I can probably help you out with that if you want to PM me, or you couls ask whoever is going to translate for you at the signing.

There was an active forum member by the name of 'Notaio' based in Porto Recanati who certainly spoke English. I have not seen any posts from him in a while but I'm sure if you look him up in the members list you will find him and his contact details, you will also be able to see his standard of English from any of his posts, I remember it as being pretty good.

I had coffee with him and his partner in London a couple of years ago. Nice guy and his English is fine.

We have used the english speaking notary based in P.R. in the past and his english is excellent. We found him to be reasonably priced and efficient at responding to our emails... I can send you his details by private message if you wish....

Hi there, just a quick question, are you not using your own legal representative,. In our opinion its so worth having your own person who will check everything with a fine tooth comb. A notary only rubber stamps the process, and we know so many cases where things have gone wrong by buyers attempting to save money and not using the services of a solicitor.

If you need it, I can give you the contact details of an english speaking, italian lawyer in san ginesio.

let us know if you need anything at all

regards
Pam

Evening Pam,
We are looking for a solicitor to review the Rogito before we meet the notary, so we would be very grateful if you could provide us with the details of the english speaking solicitor you knowin San Ginesio.

Many thanks for your help.

Best regards,

Simon

[quote=villa sibillini;103882]Hi there, just a quick question, are you not using your own legal representative,. In our opinion its so worth having your own person who will check everything with a fine tooth comb. A notary only rubber stamps the process, and we know so many cases where things have gone wrong by buyers attempting to save money and not using the services of a solicitor.

If you need it, I can give you the contact details of an english speaking, italian lawyer in san ginesio.

let us know if you need anything at all

regards
Pam[/quote]

Hi Simon, if you send me an email or give me a call, all our contact details are on our web site, I will give you her email and phone number. You certainly won't need and English speaking notary then as she takes care of everything including translations.

speak later

Pam

[quote=villa sibillini;103882]A notary only rubber stamps the process...[/quote]

Apologies for contradicting you Sibs but this is not true. A notary IS a lawyer, who has had to study a lot longer and harder and face tougher competition to become a notaio than a lawyer has to become an avvocato. In Italy a notary is qualified to do conveyancing, a lawyer is not. You cannot compare a civil law notary with our "notary public" who really does just rubber stamp and is nowhere near as qualified as an Italian notaio.

"Notaio" who used to post on this forum speaks perfect English and I'm sure will be willing draft the poster's preliminary contract and final deed (atto). He can also draft bilingual contracts, avoiding the need for a translator like me. If the original poster wants to send me a PM I can point you in the direction of his notary's office in Porto Recanato.

Please note, I am not saying the additional help of an English-speaking lawyer is not sometimes useful and of course it is [I]always [/I]wise to take qualified legal advice before signing anything binding (we've been through all that in many older threads) especially if the notary speaks no English, but I just wanted to point out that the notary does not just "rubber stamp" anything, he or she is a highly qualified legal professional with considerable responsibilities (that a lawyer does not have), who is impartial and acts in an "anti-trial" capacity (unlike a lawyer) and also provides a consulting role in their specialist areas (property law being one). They also advise and draft wills, can advise on how usufrutto can be best used and if it is appropriate, and can set up the usufrutto (a lawyer cannot). For more information, see the notariato.it site which explains in detail the role and qualifications of the Italian notary:

[url=http://www.notariato.it]Consiglio Nazionale del Notariato[/url]

In particular, the following:

[I]
Who is a Latin notary

In civil law jurisdictions, the notary:
1) [B]is a lawyer;[/B]
2) is also a "public officer" who performs public functions;
3) [B]is a specialized lawyer who draws "authentic deeds";[/B]
4) is a professional who is compelled to keep the original deeds in legal custody, as a public records office;
5) [B] is a multi-party counselor, with a specific, traditional "anti-trial" role.[/B]

The Latin Notary as a lawyer

Latin notaries (at least in Europe) have a law degree.

They may or may not have passed the bar examination. In Italy, however, they are not allowed to practice both legal professions at the same time.

To be allowed to practice the notarial profession, they must get through a very rigorous and competitive examination and, unlike the solicitors, their number is fixed by the law.[/I]

This isn't an attempt to start a debate about the merits of using a lawyer as well as a notary, just wanted to correct a common misconception about Italian notaries.

If you want a comparison quote please mail.
My wife Gina works with a notaio, though he is in Grottamare.

Hi Guarda, thanks for he reply, but maybe I did not explain myself properly. We advise clients to use their own lawyer, who then acts on their behalf only. Obviously the Notary is the key person in the final act, but they are acting on information given to them by both parties, which in some cases recently have had terrible consequences for a buyer.

In our experience of the many clients that have bought homes here, those that use the services of a lawyer seldom have problems, especially those with more complicated aspects. One recently has been faced with a tax of 22 thousand euro because the previous owner and a geometra did not obtain permissions for structural works carried out. The owner lives in the USA and now cannot be contacted.

So hence ut advice is always to have a legal representative that solely works for the buyer - either in the UK or here in Italy. The process seems to be much quicker when using a lawyer in Italy though.