Justice Minister Seeks Disciplinary Action Against Four Notaries

The Minister of Justice, Georgi Georgiev, has submitted proposals for disciplinary sanctions to the Notary Chamber, recommending a one-year disbarment for three notaries and a warning of possible disbarment for a fourth notary, the Ministry of Justice announced on October 14.

The proposed penalties follow inspections conducted by the Ministry’s Inspectorate under the minister’s orders. The violations include serious breaches in property transactions, such as issuing ownership certificates and notarising property sales in disregard of existing claims, encumbrances, or procedural requirements.

The first case concerns a notary in Sofia. The violations involve issuing a and the violations are related to the issuance of a notarial deed of title and subsequent - for the purchase and sale. The notary deed pertained to a property on Tsar Boris III Boulevard, measuring 469 sq. m., containing both residential and agricultural buildings. The daughter of the property owner reported the change of ownership after receiving a cadastral update notification. Less than three months later, the same notary notarised a sale of the same property, followed by another sale eight months later.

The Inspectorate found significant procedural violations in all three acts. In the initial certificate, the notary accepted that the individual acquired the property through adverse possession based on an unsubstantiated ruling. Only witness testimony was considered, and one witness was not approved by the municipal mayor, contrary to the requirements of the Civil Procedure Code. In the sales deed, the notary proceeded despite an existing claim and injunction on the property, and incorrectly stated that there were no encumbrances.

The Inspectorate also found violations in the issuance of another notarial deed for a property located in the Iskar district of the capital. When issuing it, the notary failed to check the existence of other rights to the property, who it was registered to at the tax office and who paid taxes on it. He issued an unreasoned decree based solely on the testimony of witnesses who were not neighbours of the property, although he had stated the contrary.

The second case involves a notary from Kazanlak. Following a citizen complaint, it was found that four of the person’s properties were donated and one sold without their knowledge, based on a general power of attorney authorising the attorney-in-fact to act in this manner. Additional violations related to payments and supporting documentation were noted. The case is also under investigation by the Public Prosecutor's Office with suspicions of fraud.

The third case concerns a notary from Balchik, who issued a notarised certificate while grossly neglecting required preliminary checks.

In the fourth case, a notary from Varna received a disciplinary warning regarding a notarised exchange of real estate for a motor vehicle. Violations included registering the deed two days after the transaction and the absence of the notarial register during the inspection, as it had been removed for binding.

The ministry said that the results of all the inspections were also sent to the Public Prosecutor's Office to be added to the materials from citizen complaints.

In July, Minister Georgiev announced work on a comprehensive legislative reform to combat property frauds.

source: BTA