What is a lien certificate (certidão de ônus reais), and when should I request one?
In short: The certidão de ônus reais (lien certificate) is an extract from the property’s title record showing whether it has any active debts or restrictions — mortgage, judicial lien, fiduciary guarantee, easement. It’s the document that confirms a property is free and clear to sell or finance. Always request it before closing any real estate deal.
What the lien certificate shows
- Mortgage: the property was pledged as collateral for a loan — that debt must be paid off before the sale
- Fiduciary guarantee (alienação fiduciária): the property is financed and doesn’t fully belong to the seller until the debt is paid off
- Judicial lien (penhora): the property has been legally frozen due to the owner’s debt
- Usufruct: another person has the right to use the property — the buyer can’t fully enjoy it until that right ends
- Easement (servidão): a use restriction in favor of another property or a third party (e.g., a utility line, access for a neighbor)
- Transfer restriction: a clause that blocks the sale (e.g., a gift with conditions attached)
If the certificate doesn’t mention any of these encumbrances, the property is free and clear — ready to be sold.
When it’s required
- Bank financing: every bank (Caixa, Banco do Brasil, Itaú, Bradesco) requires this certificate before approving a loan
- Notarized deed: the notary office typically requires it along with an updated title record
- Probate: to settle the property of someone who has passed away
- Any real estate transaction of significant value: good practice even when not strictly required
Difference between the title record and the lien certificate
The title record (matrícula) is the complete, historical record of the property. The lien certificate (certidão de ônus reais) is extracted from it and focuses on active encumbrances — a “current snapshot” of the property’s legal status. In practice, many notary offices issue both in a single document (a full-content certificate or an updated title record certificate).
How to obtain one
- Access the state’s e-cartório system (CNJ) with your CPF (tax ID) — available online for Santa Catarina
- Provide the title record number or the property’s address
- Request the updated title record certificate with liens and legal actions
- Cost: between R$30 and R$60; turnaround: immediate (online) to 5 business days (in person)
In Florianópolis, the relevant registry offices are: 1st District (downtown, Agronômica, José Mendes, and nearby areas) and 2nd District (other neighborhoods on the island and mainland). Check the address to determine which office covers your property.
Practical example
A buyer interested in an apartment in Córrego Grande requested the lien certificate. It showed a fiduciary guarantee in favor of Banco do Brasil — the owner had an outstanding loan. With that information, Regente helped structure the deal: part of the sale proceeds were used to pay off the bank, and the release of the fiduciary guarantee was recorded before the deed was signed. A secure transaction for the buyer.
Related questions
- What is a property title record (matrícula) and what is it for?
- What is a property annotation (averbação)?
- What documents are required to sell a property?
- How does the property sale process work at Regente?
Have a question about the documentation for a property you want to buy or sell? Talk to Regente.