What is an encumbrance certificate?

 

An encumbrance certificate (EC) is a legal document that provides an overview of a property's title history and any liens, charges, or other encumbrances that may affect its ownership or value. It is essentially a snapshot of the property's legal status at a particular point in time.

While an encumbrance certificate is often used for owned properties, it can also be obtained for leased properties or properties that are subject to a mortgage or other loan. In any case, the EC can provide valuable information to anyone who is interested in the property's legal history or who intends to purchase, sell, or lease the property.

Here are some specific reasons why an encumbrance certificate might be required:

• When purchasing a property: A lender will typically require an EC before approving a mortgage loan. This is because the lender wants to be sure that there are no liens on the property that could affect their ability to recover their investment if the borrower defaults on the loan.
• When selling a property: A buyer may request an EC to ensure that the property is free of any liens or encumbrances that could affect the value of the property or cause problems with the sale.
• When leasing a property: A landlord may request an EC from a tenant to verify that the tenant is not in default on any existing mortgages or other loans secured by the property.

In some cases, an encumbrance certificate may be required by law. For example, in many states, it is required to be submitted along with certain types of property transfers.

So an encumbrance certificate is not required only for owned properties, it can be obtained for any property that has a title history or that is subject to liens or encumbrances. However, it is most commonly used for owned properties, especially when those properties are being bought, sold, or leased.

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Buxone Spotlight March 21, 2024