In the United States, a Warranty Deed is a real estate document used when a property owner (grantor) transfers land to a buyer (grantee), and wishes to make a guarantee that the property is free and clear of any encumbrances or other 3rd party’s interests, like a lien or mortgage.
For a Warranty Deed to be valid in the United States, it must be signed by the party to the transaction e.g. the grantor in the presence of a notary public. The notary public will also have to sign and affix official seal on the Warranty Deed as acknowledgment and verification of the identity of the signatory and the proper signing process of the Deed.
Online notarization or notarization through video conferencing is not allowed in Hong Kong. That means the signatory must appear in person to sign the Warranty Deed in the presence of the notary public.
You as the signatory will have to ensure the information stated in the Warranty Deed is accurate, e.g.
1) Your name should be full name and your name should correspond with the one stated in your valid ID/ passport
2) The name and information of the related party of the transaction, e.g. grantee
3) The address / details of the property stated in the Warranty Deed
4) The consideration / price of the transaction stated in the Warranty Deed
You will need to provide us with the following information/ documents:
1) Whether you will bring your own witnesses to the appointment or you will require us to provide witnesses (apart from having the notary public acting as witness) as the Warranty Deed may require 2 witnesses in addition to having the notary public acting as witness
2) Whether Apostille is required after the Warranty Deed has been signed in the presence of the notary public. You will need to check with the receiving authority of the Warranty Deed e.g title company to see if they require Apostille
3) Original of your valid ID/ passport
4) Copy of your address proof (e.g utility bill of recent 3 months)
For Hong Kong Notary Public & China Attesting services, please contact Chow & Cheung, Hong Kong Solicitors, Notary Public & China Appointed Attesting Officers.
Tel: + 852 2856 3799 Email: cac@ccsn.hk
www.ccsn.hk
The above contents do not constitute legal advice and it should not be regarded as a substitute for detailed advice in individual cases. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship between Chow & Cheung and the user or browser. Chow & Cheung is not responsible for any third party content which can be accessed through the website.