Two deeds, one appointment
In a property transaction, the deed of transfer and the mortgage deed are often passed during the same appointment. The first concerns the transfer of ownership, while the second concerns the financing and the related security rights.
Both deeds contain legal provisions that must be understandable for all parties involved. If this is not the case, an interpreter must be present.
Legal framework
Under article 42, paragraph 1, of the Dutch Notaries Act, if a party appearing before the notary does not sufficiently understand the language of the deed, an interpreter must also appear in order to translate the substantive content of the deed.
In practice, a sworn interpreter is used for mortgage deeds and deeds of transfer in almost all cases where a party does not sufficiently understand Dutch.
Role of the interpreter
During the execution of the deed, the interpreter translates the substantive content for the relevant party. This includes, for example, the essence of the transfer of ownership, the obligations arising from the mortgage, and the rights and securities that are being established.
This enables the party to understand the content and to give informed consent.
How this works in practice
In practice, it is first established that an interpreter is required. The interpreter is then scheduled for the full appointment, so both deeds can be translated without interruption during the signing process.
Because the mortgage deed and deed of transfer are usually handled in one appointment, the interpreter is normally scheduled for the entire period.
Sworn translation of notarial documents
In some situations, a written translation of the deed, or parts of it, may also be needed in addition to the spoken interpretation, for example for use abroad or for internal documentation.
If required, TaalLink can also arrange sworn translations of notarial documents. These are produced by qualified translators and meet the usual requirements for official documents.
Availability and planning
Appointments for mortgage deeds and deeds of transfer are usually scheduled in advance. It is therefore advisable to reserve the interpreter in time as well, so the appointment can proceed without delay.
In urgent cases, an interpreter can often still be arranged, depending on the language and current availability.
Arrange it in advance
A sworn interpreter can be scheduled in advance for the passing of a mortgage deed and deed of transfer, allowing the notary to complete both deeds without obstruction.