As explains the "guide to mortgage registration"Drafted by Ivisura.it, this type of survey shows the first thirty deeds registered with a specific Real Estate Registry, which can be of voluntary nature o injurious.
The 'voluntary' acts include those relating to trading, donations, ignition of mutual o financing, cancellation of mortgages and the like. Those of a prejudicial nature, on the other hand, can relate foreclosures, judicial questions e seizure orders. These deeds can refer both to the property and to a natural or legal person holding a real estate right and can be consulted in the cadastral transcripts.
Consequently, a mortgage registration is a fundamental tool for verify what is the 'legal' status of a property; information of this kind can be very useful, for example, in the context of buying and selling a house. The potential buyer, in fact, to protect his rights and interests, can request a mortgage certificate for make sure that the property is not foreclosed, under seizure or burdened by other prejudicial measures. In addition, the cadastral inspection is a useful tool to identify the real owners (or holders of other real rights) of the property to be purchased.
The information recorded in a public archive can be consulted through a specific search procedure, called company certificate. The term is commonly used to also indicate the document in which all the data obtained through the inspection are summarized. With regard to real estate, ie land and buildings, the reference archive is the Cadastre, in which the data relating to the properties present on the national territory are recorded; the provinces and municipalities where the land registry is still in force are an exception, and real estate advertising services are not provided.
What is the mortgage certificate
Among the inquiries that can be made in the archives of the Cadastre there is the mortgage (or ipocatastale) one. The inspection, as the official website of the Revenue Agency explains, "allows the consultation of registers, notes and titles filed with the Agency's real estate advertising services"And may concern any registered name. Specifically, the procedure allows you to "view information regarding the types of formalities present in the mortgage database: transcripts, Registration and annotations".
Le cadastral transcripts allow to make public the deeds or contracts relating to a transfer of ownership of a property, or to the establishment or modification of any other real right; this formality, moreover, allows to register other types of deeds, such as contracts or measures, for which the current regulations require the cadastral registration. In the mortgage inspection of the transcripts, as reported on the website of the Revenue Agency, the referenced subject can appear as a party "in favor" or "against"; in the first case, it is the seller, in the second it is the buyer.
The registrations, on the other hand, are the formalities relating to the establishment of mortgages, such as those deriving from the stipulation of reference contracts. Finally, annotations are the formalities that modify pre-existing transcriptions or inscriptions.
How to apply for a mortgage
A mortgage certificate can be requested directly from the Revenue Agency, by going to one of the branches of the real estate advertising services of the provincial offices - Territory, by submitting a specific inspection request form (Model 310), which can be downloaded from the Revenue Agency website or available in paper format at the counters.
It is also possible to request a personal inspection electronically, using the online tool available on the site www.agenziaentrate.gov.it. Alternatively, it is possible to forward the request for a mortgage certificate to a specialized portal like Ivisura.it. In both cases, the applicant can access the service against payment of the taxes provided by the Revenue Agency or the rate requested by the intermediary.
