The notary in Puerto Rico: who they are, what they charge

In many Spanish-speaking countries, and in Puerto Rico, the notary (notario) is a lawyer with a public function. Not in the 50 states: there the notary public witnesses signatures. This guide is for anyone who has to go to a notary on the island to buy, sell, mortgage or inherit. It explains who can be a notary, what they do on your deed, what the law lets them charge, how to check on them and how they differ from the notary in the states.¹⁵

Minimum bond every notary must keep in force, renewed every year

$15,000¹

Minimum fee for a deed with no stated value, under the Notarial Act

$150¹

What each certification from the Office of Notarial Inspection's registry costs

$5³

Fine the Supreme Court can impose on a notary, besides a reprimand or suspension

Up to $500¹

Who the notary is in Puerto Rico

The Notarial Act defines the notary as «el profesional del Derecho que ejerce una función pública» (the legal professional who exercises a public function). The notary attests to the transactions carried out before them, receives the parties’ wishes and drafts the deedsdeedA deed is the legal document the seller uses to transfer ownership of the home to you. The seller signs it at closing, it lists the names of all the buyers and you receive a copy. Afterward, the settlement agent records it with the county records office; that recording puts the public on notice that you are now the owner. There are several types: a warranty deed gives the most promises about the title, and a quitclaim deed promises nothing. Do not confuse it with a deed of trust, which is the mortgage document.See the full definitionClose. The same law makes clear something that surprises many buyers: in that role, the notary is not the lawyer of either party. The notary represents the public faith.¹

The law requires impartiality and places the notary under the administrative direction of the Supreme Court, through the Office of Notarial Inspection (ODIN). Its statement of motives describes a double role: legal professional, adviser and legal counselor, and at the same time the person who prepares the documents that make transactions secure.¹ In practice, that means the notary can explain the deed and the laws that apply, but does so for both parties equally.

Who can be a notary

Only attorneys whom the Supreme Court of Puerto Rico authorizes for that purpose can practice as notaries.¹ Before starting, the notary swears allegiance to the Constitutions of the United States and of Puerto Rico and posts a bond of no less than $15,000 that answers for their work; the bond is renewed every year and approved by the Supreme Court. The notary also registers their signature, sign, seal and flourish with the Clerk of the Court.¹

The Clerk of the Supreme Court issues the notary a certification with their name, number and the date they were authorized, and the notary must display it on a wall of their office.¹ There are cases where a notary cannot act: they cannot authorize a deed in which they are a party or that benefits them, nor one in which a party is their relative up to the fourth degree of blood or second degree of marriage, unless that relative appears on behalf of someone else.¹

What the notary does on your deed

Signing day, step by step

1. 1. The notary identifies you

   If they do not know you, they accept photo ID with a signature or a passport.¹

2. 2. The notary prepares the deed

   They take what the parties agreed and give it legal form in the deed.¹¹

3. 3. The notary reads it to you or lets you read it

   They attest to your legal capacity and give you the legal warnings out loud, including the CRIM one.¹

4. 4. Witnesses, if needed

   Only if someone asks for them or a party cannot read or sign.¹

5. 5. The notary affixes the stamps

   Without the stamps the law requires, the deed or copy is voidable or ineffective.¹

6. 6. The notary keeps the original and gives you a copy

   The original deed stays in the notary's Protocol; you get a certified copy.¹

In every deed that transfers real property, the notary must warn that it is advisable to get the CRIM tax debt certification and must include the cadastral number.¹ If the home will be your principal residence, the notary must also warn you to apply for the property tax exemption (exoneración).¹ If you cannot read, the deed is read aloud twice; if you cannot sign, the notary takes the prints of both your thumbs.¹

The original, called the escritura matriz, stays in the notary’s Protocol, which is secret and belongs to the State. You get a certified copy. The parties, their representatives and their successors (such as heirs) have the right to copies; if the notary refuses a copy, you can go to the ODIN Director.¹

Deed, testimonio and sworn statement: not the same thing

The notary also issues testimonios, also called declarations of authenticity. With a testimonio the notary attests, for example, that the signatures on a private document belong to the people who signed, or that someone took an oath. But the notary is not responsible for what that private document says.¹ A public deed is something else: the notary drafts it and attests to its entire content.¹

What the notary can charge

The Notarial Act sets the fee schedule. For a sale or mortgage worth more than $10,000 and up to $5,000,000, the fee is agreed but cannot be more than 1% or less than 0.50% of the value, nor less than $250.¹ For other matters:

Example with real numbers

The notarial fee schedule for other matters

What the Notarial Act says; you agree on the exact fee with the notary within those limits.

Deed with no stated value

Agreed, never less than $150¹

Testimonio, sworn statement or acknowledgment of signature

Agreed between the parties and the notary¹

Mortgage cancellation

No less than 0.50% of the note's principal, nor less than $250¹

Social-interest housing with AFV or another agency

No less than 0.25% or $250, whichever is greater (not for FHA or veterans loans)¹

On top of that, the notary can charge reasonable fees for title studies and consultations.¹ Ask for the total in writing before you sign.

Run it with your numbersClosing costs

The law forbids the notary from charging any compensation other than the schedule, including refunds or discounts to lower it. The notary may provide the service for free if they consider it deserving, as long as it is not a habitual business practice. And a person who is not a notary and bills or shares notarial fees commits a felony.¹ The other closing costsclosing costsClosing costs are all of the costs you pay on closing day on top of the down payment: lender fees, the appraisal, the credit report, title insurance, the closing agent's fees, any transfer taxes your state or county charges and the first deposits into the escrow account. The lender must itemize them on the Loan Estimate within days of your application and confirm them on the Closing Disclosure before you sign. Some can be paid by the seller, and several state programs help cover them.See the full definitionClose of your purchase appear on your Loan Estimate.

Inheritances and other matters before a notary

Some matters that used to be handled only in court can now also be handled before a notary. The Non-Contentious Matters before a Notary Act lets a notary handle, among other things, the declaration of heirs (declaratoria de herederos) and the authentication of a handwritten will. You choose whether to bring it before the notary or the court. If a dispute or opposition arises among those involved, the notary must stop. Fees are agreed in writing.²

To request the declaration of heirs, you need to know whether the person left a will. ODIN issues certifications from the Registry of Wills, such as the negative certification when no will has been reported; each certification costs $5.00 in fees.³ The guide to titles and inheritance in Puerto Rico explains the whole process.

How to check on a notary

Before you hand over papers or money, confirm who you are dealing with:

1. Look them up in the Directory. The Judicial Branch’s Directory of Attorneys (Directorio de Abogados y Abogadas) shows, free and at any time, information on people admitted to practice law and notarial practice in Puerto Rico. It draws on the Single Registry of Attorneys (RUA); if a detail is missing, the attorney did not authorize publishing it.⁴
2. Look at the wall. The law requires the notary to display in their office the Supreme Court certification with the date they were authorized.¹
3. If there is a problem, ODIN. The Office of Notarial Inspection oversees and guides notaries and serves the public; its San Juan office lists the phone number (787) 763-8816.³ The Supreme Court can give a notary a reprimand, a fine of up to $500 or a suspension.¹

Puerto Rico and the states: two different notaries

The island's notario and the states' notary public

A lawyer

Notary in Puerto Rico

• An attorney authorized by the Supreme Court.¹
• Drafts the deed and attests to its content.¹
• Carries a bond and is overseen by ODIN.¹³

A signature witness

Notary public in the states

• Authorized by the state to witness the signing of documents.⁵
• Not necessarily allowed to provide legal services, and never immigration services.⁵
• In Florida, if they advertise in Spanish without being a lawyer, they must say so.⁶

If you move to the states, the «notario» there is not the lawyer you knew on the island.⁵

The guide A notario is not a lawyer explains who can give you legal advice in the states, and From Puerto Rico to Florida covers the move. If a notary publicnotary publicIn the United States, a notary public is a person authorized by law to administer oaths and witness signatures on legal documents; the notary verifies who is signing and certifies the signature. The rules for becoming a notary vary by state. It is not the same as a "notario público" in many Latin American countries, where the title means someone with the equivalent of a law license. Here, a notary who is not a lawyer cannot give you legal advice or help you with immigration paperwork. Some states, such as Oregon, forbid them from advertising as a "notario" or "notario público".See the full definitionClose in the states offers to «fix» papers from the island, be wary.

If this is you

What matters most for your situation

You are buying your first home

Ask the notary for the fee in writing and ask about anything you do not understand before signing.¹

A relative who owned a home died

The declaration of heirs can be handled before a notary or in court; you choose.²

You cannot afford it

The law exempts notaries of Servicios Legales de Puerto Rico and of law school legal clinics from certain stamps on deeds for indigent people.¹

You live in the states

Your state's notary public is not a lawyer.⁵ For a deed on the island, talk to a Puerto Rico notary.

If you need free legal help, the LSC funds legal aid organizations in the territories⁸ and lists Community Law Office, Inc. and Puerto Rico Legal Services, Inc. in Puerto Rico.⁷ The free legal aid guide explains how to ask for it.

Costly mistakes

The mistake and what to do instead

• Mistake: Thinking the notary negotiates for you.

  Instead: The notary acts impartially and represents the public faith; ask your questions before you sign.¹

• Mistake: Accepting a «discount» below the fee schedule.

  Instead: The law forbids it; be wary of offers that do not match the schedule.¹

• Mistake: Buying a piece of land with a private «notarized» paper.

  Instead: Ask whether the subdivision is approved; the notary is not responsible for the content of a private document.¹

• Mistake: Paying someone who is not a notary for «the deed».

  Instead: Check the Directory of Attorneys before you pay.⁴

• Mistake: Leaving without a copy of your deed.

  Instead: You have a right to a copy; if it is refused, go to ODIN.¹

What to do this week

1. Look the notary up in the Judicial Branch’s Directory of Attorneys.⁴
2. Ask them in writing for their fee and what they will charge separately for the title study.¹
3. Bring your photo ID with signature, or your passport, on signing day.¹
4. Ask about the CRIM debt certification and the exemption before you sign.¹
5. Keep the certified copy of your deed in a safe place.¹
6. If you want legal guidance just for you and cannot afford it, look for an LSC-funded organization: it is a free option, not a requirement.⁸ More topics are under Puerto Rico.